Njoroge v Njoroge & another [2005] KEHC 24 (KLR)
- Court
- High Court of Kenya
- Case number
- 24
- Citation
- [2005] KEHC 24 (KLR)
- Decided
- 16 March 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the decision of the Rift Valley Provincial Land Disputes Appeals CommitteeCoramJEANNE GACHECHE
Holding
The appeal is dismissed with costs.
Facts
Wamburi Njoroge, Joseph Wanyoike Njoroge, and Maina Njoroge are brothers. Wamburi re-purchased land in Kandara, disposed of it, and acquired a 7-acre plot in Subukia. Wanyoike referred the matter to the Land Disputes Tribunal, which awarded Wamburi an extra acre. Wanyoike appealed to the Appeals Committee, which awarded Wamburi two and a half acres, while Wanyoike and Maina received 2 acres each.
Issues
- whether the Appeals Committee failed in its task as an Appeals body
- whether the appeal is meritorious
Reasoning
The Appeals Committee considered all evidence and gave reasons for its decision. The issue of acreages is a matter of fact and no appeal to this court shall lie on matters of fact.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed with costs
Authorities cited
Legislation (1)
- Land Disputes Tribunal Act No. 18 of 1990
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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