Catherine Muthoni Kiriungi & another v Chairman, Land Adjudication & Settlement Officer, Tigania East Central Division & 3 others [2017] KECA 667 (KLR)
- Court
- Court of Appeal
- Case number
- 667
- Citation
- [2017] KECA 667 (KLR)
- Decided
- 23 March 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a High Court judgment in a Judicial Review applicationCoramE. M. Githinji, W. Karanja, P. O. Kiage
Holding
The appeal is allowed, and the High Court's judgment is set aside. The proceedings and award are quashed, and subsequent transactions are nullified.
Facts
Land parcels No. 3158 and 6073 were subject to an objection by Joseph Nkinduku M'Liburu, who won the objection and received the parcels. The appellants, Catherine Muthoni Kiriungi and David Kimathi Kiriungi, felt aggrieved and sought to quash the award and proceedings.
Issues
- Whether the appellants were denied their right to be heard before their land was divested from them.
- Whether the High Court's decision was in accordance with the rules of natural justice.
Reasoning
The appellants were denied their right to be heard, which violated the rules of natural justice. The High Court's decision was not in line with the appellants' rights.
Outcome
The appeal is allowed.
Orders
- The judgment of the High Court in Misc. Meru H.C. J/R Application No. 86 of 2010 is set aside.
- The proceedings and award are quashed.
- Subsequent transactions are nullified.
Remedies
- The appellants are awarded costs of the appeal and the matter in the High Court.
Authorities cited
Legislation (2)
- Land Adjudication and Settlement Act
- Law of Succession Act
Cases cited (1)
- Timotheo Makenge v. Manunga Ngochi (1976-80) 1KLR 1139
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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