Perita Mahero v Mary Ombachi Andanda [2014] KEHC 6732 (KLR)
- Court
- High Court of Kenya
- Case number
- 6732
- Citation
- [2014] KEHC 6732 (KLR)
- Decided
- 26 February 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand Dispute AppealPostureAppeal from the Provincial Land Disputes Appeals Tribunal, Western ProvinceCoramSAID J. CHITEMBWE
Holding
The decision of both Tribunals is set aside, and all parties are granted the right to occupy and work on the land. The appellant is granted 2 1⁄2 acres, the respondent 2 1⁄2 acres, and Philip Mukolwe 1 acre.
Facts
The dispute was over land belonging to a deceased person, AKUTUYA MBACHI, and the parties were claiming to occupy or work on the land.
Issues
- Lack of jurisdiction of the Tribunals to entertain the dispute
- Whether the parties were claiming a right to occupy or work on the land in dispute
Reasoning
The parties were litigating over land belonging to a deceased person, and the Tribunals lacked jurisdiction to entertain the dispute. The matter should have been dealt with by the High Court through succession or a normal civil suit.
Outcome
Appeal granted
Orders
- The appellant is granted 2 1⁄2 acres
- The respondent is granted 2 1⁄2 acres
- Philip Mukolwe is granted 1 acre
Remedies
- Occupation and working rights on the land
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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