[2017] KEELC 1583 (KLR)
The court found that the decision of the Eastern Province Appeals Committee, delivered on 20th July 2011, was not appealed within the stipulated time or at all. As a result, there is no appeal pending before the court. The court therefore declared the matter disposed of and ordered that the file be removed from the...
Source-derived case information.
- Citation
- [2017] KEELC 1583 (KLR)
- Parties
- Appellant: Bore Mukundi Karani; Respondent: Nabiu Bundi; Respondent: Joseph Magoci
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 96 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Status of Appeal
- Outcome
- Appeal marked as disposed of; no appeal pending.
- Judges
- FM Njoroge
- Legal Topics
- Land Disputes, Appeals Committee Jurisdiction, Registration of Land, Traditional Land Subdivision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bore Mukundi Karani
Appellant
Nabiu Bundi
Respondent
Joseph Magoci
Respondent
Procedural Posture
Civil Appeal / Ruling on Status of Appeal
Legal Issues
- 1 Whether there is a valid appeal pending before the court regarding the decision of the Eastern Province Appeals Committee.
- 2 Whether the decision of the Appeals Committee stands unchallenged due to lapse of appeal period.
Ratio Decidendi
The court found that the decision of the Eastern Province Appeals Committee, delivered on 20th July 2011, was not appealed within the stipulated time or at all. As a result, there is no appeal pending before the court. The court therefore declared the matter disposed of and ordered that the file be removed from the list of pending appeals. The finality of the Appeals Committee's decision is thus affirmed, and the operative orders of that committee remain in force.
Court Disposition
Appeal marked as disposed of; no appeal pending.
Orders
- It is declared that there is no appeal pending in this case.
- This matter is marked as disposed of.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT CHUKA
CHUKA ELC CIVIL APPEAL CASE NO 96 OF 2017
BORE MUKUNDI KARANI................................................APPELLANT
VERSUS
NABIU BUNDI.........................................................1ST RESPONDENT
JOSEPH MAGOCI..............................................2ND RESPONDENT
RULING
1. The Eastern Province Appeals Committee on 20. 7.2011 delivered its findings and determination in the following terms:
FINDINGS
1. Nature of dispute is the whole land and not a boundary.
2. The appellant was the one to cultivate the land in dispute.
3. The first defendant is deceased and the second defendant is present and they were accused together.
4. The land was divided by the first and second defendant
5. The land was sub-divided traditionally and no party is registered under the land.
RULING
Appeal accepted
Meru South tribunal award dismissed
The block which was to be registered under the two defendants should be registered under Bore Mukundi Karani.
2. The decision made by the Eastern Province Appeal’s Committee was never appealed in this court or its predecessor court (the High Court) within the stipulated time or at all.
3. In the circumstances, it is declared that there is no appeal pending in this case.
4. This matter is marked as disposed of and this file should be removed from the list of appeals pending in this court.
5. It is so ordered.
Delivered in Chambers at Chuka this 10th day of October, 2017 in the presence of:
CA: Ndegwa
P.M. NJOROGE
JUDGE