Stephen Kithuka Ndungwa v Ndambuki Veke Kyai & 2 others [2020] KEELC 2393 (KLR)
- Court
- Environment & Land Court
- Case number
- 2393
- Citation
- [2020] KEELC 2393 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand Dispute AppealPostureAppeal from the decision of the Appeals Committee in the Eastern Province Land Dispute Appeal TribunalCoramMBOGO C.G.
Holding
The 14 ancestral shambas should be shared equally between the appellant and the 3rd respondent
Facts
The dispute involves family land in Makueni, Kenya, between the descendants of Nthele and Mukala. The land was sub-divided into two operational zones, with Mukala's family occupying the upper part and Nthele's family the lower part. There were 14 ancestral shambas (ngundus) that were not included in the original award.
Issues
- Whether the 14 ancestral shambas should be included in the award
- How to share the land between the descendants of Nthele and Mukala
Reasoning
The court found that the original award did not include the 14 ancestral shambas, and the appeal did not address this issue. The court determined that the land should be divided equally between the parties.
Outcome
The appeal is dismissed, and the original award is reinstated
Orders
- The 14 ancestral shambas are to be shared equally between the appellant and the 3rd respondent
Remedies
- The 14 ancestral shambas are to be shared equally between the appellant and the 3rd respondent
Authorities cited
Legislation (1)
- Article 162(2)(b) of the Constitution of Kenya
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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