Joseph Ndegwa & another v M’abutu M’rinyu & 2 others [2022] KEELC 1817 (KLR)
- Court
- Environment & Land Court
- Case number
- 1817
- Citation
- [2022] KEELC 1817 (KLR)
- Decided
- 2 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Ruling of Hon. G. Sogomo (P.M.) in Tigania CM ELC No. 28 of 2017CoramHON. C.K. NZILI, Orimbo for 1st respondent, Kieti for 2nd and 3rd respondents
Holding
The appeal is dismissed.
Facts
The appellants sought to sue the 1st respondent regarding five parcels of land under the Land Consolidation Act and Land Adjudication Act. The consent to sue was issued by the District Land Adjudication officer dated 15.9.2009, but the record of appeal filed by the appellants does not comply with the provisions of Order 42 of the Civil Procedure Rules and Section 78 of the Civil Procedure Act.
Issues
- What was the law applicable to the suit before the trial court.
- Did the trial court apply the law properly on the facts, pleadings and evidence presented by the parties.
- If the decision was proper in law.
Reasoning
The court found that the consent to sue was issued without a court receipt stamp and covered only five parcels of land, which was not in compliance with the rules of natural justice.
Outcome
Appeal dismissed
Authorities cited
Legislation (3)
- Civil Procedure Act
- Land Consolidation Act
- Land Adjudication Act
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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