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Tiras Karanja Ngatha v. Silas Gachugu Ngugi & Land Registrar, Kiambu

(2017) JELR 94815 (CA)

Court of Appeal  •  Civil Appeal 300 of 2014  •  24 Mar 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

In this appeal, the appellant is aggrieved by the order of the Environment and Land Court, (Mutungi, J.) dated 27th July 2014 by which the learned judge, in exercise of the powers conferred by section 80 of the Civil Procedure Act and Order 45 Rules 1 and 2 of the Civil Procedure Rules, reviewed his earlier ruling dated 16th April 2013resulting in transfer of a piece of land measuring in area approximately 0.5 acres, from the appellant to the 1strespondent. The background to this appeal is a genuine mistake on the part of the appellant and the 1st respondent, but human nature being what it is, both have not been candid or reasonable enough to resolve the problem amicably.

But for a mistake, which was not discovered for almost 40 years, the appellant, Tiras Karanja Ngatha, was the registered owner of the property known as Kiambaa/Kihara/458, measuring in area, 2.2 acres. His neighbour, Ngugi Waweru Munga (deceased), whose estate is represented in these proceedings b…

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