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Wachira Wambugu,Christopher Ngahu Wachira,Moses Wambugu Wachira v. District Land Dispute Tribunal Othaya ,Central Province Land Disputes Appeals Committee,Nyeri Chief Magistrate's Court,Benjamin Knoxwell Ngatia Wambugu

(2013) JELR 96485 (CA)

Court of Appeal  •  Civil Appeal 257 of 2006  •  21 Nov 2013  •  Kenya

Coram
Martha Karambu Koome, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT


1. This appeal arises from a Judicial Review Application No. 117 of 2002 in the High Court of Kenya at Nyeri. In that matter the appellants sought:

“(i) That an order of certiorari do issue to quash the decision of the Central Province Land Disputes Appeals Committee award delivered on 6th March, 2002.

(iii) That an order of prohibition do issue against the Nyeri Chief Magistrate’s court to stop it from entering/executing judgment based on the award of the Central Province Land Disputes Appeals Committee as prayed for in the Award No. 31 of 2001, Nyeri.”

2. The applicants (now the appellants herein), contended that the Provincial Land Disputes Appeals Committee acted in excess of its jurisdiction by entertaining a matter based on trust and alleged fraud. They further claimed that the Provincial Land Disputes Appeals Committee acted against the principle of natural justice by denying the 2nd and 3rd appellants right to be heard.

3. In a brief ruling, the trial judge, K…

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