TERESIA CHELAGAT TUWEI & ANOTHER v ALBERT SAINA [2003] KEHC 34 (KLR)
- Court
- High Court of Kenya
- Case number
- 34
- Citation
- [2003] KEHC 34 (KLR)
- Decided
- 30 April 2003
The appeal is allowed, the orders of the Principal Magistrate dismissing the application are set aside, and the decree is set aside with all consequential orders.
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, but the Principal Magistrate dismissed the application. The appellants appealed this dismissal.
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 done through an application for review supported by an affidavit. The appellants were not properly served with notice for the amendment.
Outcome
Appeal allowed
Orders
- The orders of the Principal Magistrate of 6th July 2000 dismissing the application dated 27th April 2000 are set aside
- The said application is now reinstated and prayers therein are granted
- The decree purported to have been amended and re-issued on 28th August 1997 is hereby set aside
- The decree dated 17th July 1997 is hereby reinstated
Remedies
- The appellants are awarded the costs of the appeal
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