Munyithya Masyuko Nzavi v Deputy County Commissioner Kyuso Sub-County & 5 others; Manzi Kavoi Nguilu (Interested Party) Ex Parte Munyitha Masyuko Nzavi [2019] KEELC 2803 (KLR)

Facts

The Applicant, Munyithya Masyuko Nzavi, had a dispute with the Interested Party, Manzi Kavoi Nguilu, over a parcel of land known as Ngaaie Adjudication Section 3112. The Adjudication Board heard the dispute and the Applicant filed an appeal with the Minister, who then heard the case and delivered a Judgment on 27th November, 2017 (but dated 22nd March, 2018). The Applicant claims the Judgment was altered and different from the one he was given.

Issues

1. Whether the 1st Respondent, Deputy County Commissioner Kyuso Sub-County, acted dishonestly and in bad faith when he granted a different Judgment from the one he pronounced on 27th November, 2017.
2. Whether the 1st Respondent had the jurisdiction to hear and deliver a Judgment on the appeal.

Reasoning

The court found that the 1st Respondent did not act dishonestly or in bad faith, and there is no evidence to show that he delivered any decision on 27th November, 2017. The court dismissed the Notice of Motion.

Outcome

The Notice of Motion is dismissed with no order as to costs.

Authorities cited