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Damaris Wangeci Kariuki v Barnaba Maritim & 2 others [2017] KEELC 1486 (KLR)

[2017] KEELC 1486 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
1486
Citation
[2017] KEELC 1486 (KLR)
Decided
6 October 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Mulot District Land TribunalCoramMohammed Noor Kullow
Holding

I sustain the Preliminary Objection that was raised by the Respondents and dismiss the appeal.

Facts

The Appellant filed a Civil Appeal in the High Court of Kenya at Nakuru challenging the decision of the District Land Disputes Tribunal at Mulot.

Issues

  1. Whether the court has jurisdiction to hear the Appeal.
  2. The other avenue to challenge the decision of the tribunal was by way of Adjudication Review Application.

Reasoning

The District Land Dispute Tribunal cannot be challenged by way of a suit to the High court but through an Appeal to the Provincial Land Disputes Tribunal and by way of a Judicial Review Application.

Outcome

Appeal dismissed

Orders

  • Each party to bear its own costs.

Authorities cited

Cases cited (1)
  • Emily Jepkemei Ngeyoni & Ano -Versus- Nicholas Kipchumba Kogo & Ano. (2006) 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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