[2017] KEELC 1613 (KLR)
The court found that the decision of the Eastern Province Appeals Committee, delivered on 8 July 2011, was never appealed in this court or its predecessor within the stipulated time or at all. As a result, there is no appeal pending before the court. The matter is therefore marked as disposed of, and the file is to...
Source-derived case information.
- Citation
- [2017] KEELC 1613 (KLR)
- Parties
- Appellant: Nicholas Kiraithe; Appellant: John Mwirigi Muriira; Appellant: Mukwaiti Njeru; Respondent: Dickson K. Daniel; Respondent: Margret G. Rimberia
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 92 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Status of Appeal
- Outcome
- Appeal marked as disposed of for want of prosecution; no appeal pending.
- Judges
- FM Njoroge
- Legal Topics
- Land Appeals, Succession of Land, Tribunal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Kiraithe
Appellant
John Mwirigi Muriira
Appellant
Mukwaiti Njeru
Appellant
Dickson K. Daniel
Respondent
Margret G. Rimberia
Respondent
Procedural Posture
Civil Appeal / Ruling on Status of Appeal
Legal Issues
- 1 Whether there is a valid appeal pending before the court.
- 2 Whether the decision of the Eastern Province Appeals Committee was appealed within the stipulated time.
Ratio Decidendi
The court found that the decision of the Eastern Province Appeals Committee, delivered on 8 July 2011, was never appealed in this court or its predecessor within the stipulated time or at all. As a result, there is no appeal pending before the court. The matter is therefore marked as disposed of, and the file is to be removed from the list of pending appeals. The court's reasoning is grounded in the principle that failure to appeal within the statutory period renders the lower tribunal's decision final and binding, leaving the court without jurisdiction to entertain the matter further.
Court Disposition
Appeal marked as disposed of for want of prosecution; 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 92 OF 2017
NICHOLAS KIRAITHE………………………………......1ST APPELLANT
JOHN MWIRIGI MURIIRA…………………………..….2ND APPELLANT
MUKWAITI NJERU………………………………...……3RD APPELLANT
VERSUS
DICKSON K. DANIEL…………………………...…….1ST RESPONDENT
MARGRET G. RIMBERIA………………………...…...2ND RESPONDENT
RULING
1. The Eastern Province Appeals Committee on 8 .7. 2011 delivered its findings and determination in the following terms:
FINDINGS
1. The land was sold without succession of the land
2. The respondent and his wife never attended the land board or signed any document.
3. The deceased who sold the land has no document to show that they attended the land board even his family.
4. Both parties never attended any land board proceedings on the sale of the land.
5. The wife of the deceased who sold this land was not aware of the sale of the land.
6. The tribunal members in the district land tribunal were five (5) but when signing the ruling they were six (6) members.
RULING
This case should be started afresh in the district land tribunal by three (3) or five (5) members.
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