M'Rukunga v Ngiri & 2 others (Civil Appeal 119 of 2019) [2024] KECA 291 (KLR) (8 March 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 291
- Citation
- [2024] KECA 291 (KLR)
- Decided
- 8 March 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the High Court of Kenya at MeruCoramJAMILA MOHAMMED, L. KIMARU, A.O. MUCHELULE
Holding
We dismiss the appeal with costs.
Facts
The appellant, Thomas Gitonga M'Rukunga, sued the respondents, Stephen Ngiri, Land Adjudication Officer Igembe District, and the Attorney General in the High Court at Meru seeking an injunction, a declaration, and a declaration regarding the manipulation of the land adjudication register.
Issues
- Whether the High Court erred in law by failing to consider the entire evidence on record regarding the actual measurement of the suit property.
- Whether the High Court erred in law and fact by failing to appreciate the inconsistency in the evidence tendered by the 1st respondent regarding how he acquired parcel No. 5368.
Reasoning
The High Court did not consider the entire evidence on record regarding the measurement of the suit property and failed to appreciate the inconsistency in the evidence tendered by the 1st respondent.
Outcome
Appeal dismissed with costs
Authorities cited
Cases cited (2)
- Kuria Kiarie & 2 Others v Sammy Magera [2018]eKLR
- Jennifer Nyambura Kamau v Humphrey Mbaka Nandi [2013]eKLR
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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