TERESIA CHELAGAT TUWEI & ANOTHER v ALBERT SAINA [2003] KEHC 17 (KLR)
- Court
- High Court of Kenya
- Case number
- 17
- Citation
- [2003] KEHC 17 (KLR)
The appeal is allowed, the decree purported to have been amended and re-issued is set aside, and the decree dated 17th July 1997 is reinstated. The appellants are awarded the costs of the appeal.
Facts
The appellants and the respondent had a land dispute over L.R. Nandi/Ndubeneti/63. The Kilibwoni Land Disputes Tribunal awarded the respondent 1.5 acres of the land. The Principal Magistrate Kapsabet issued decrees confirming the award. The appellants later moved for review of the decree, alleging it was made without their notice. The Principal Magistrate dismissed the application. The appellants appealed.
Issues
- Whether the amendment of the decree was valid
- Whether the appellants were properly served with notice for the amendment
Reasoning
The amendment of the decree was invalid as it was not made through an application for review supported by an affidavit annexing the letter from the District Officer. The appellants were not properly served with notice for the amendment.
Outcome
Appeal allowed
Orders
- The decree purported to have been amended and re-issued on 28th August 1997 is set aside
- The decree dated 17th July 1997 is reinstated
Remedies
- The appellants are awarded the costs of the appeal
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