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|Case Number:||Civil Appeal 17 of 2005|
|Parties:||BEATRICE GICUKU v JAPHET NGURU|
|Date Delivered:||28 Jul 2011|
|Court:||High Court at Embu|
|Citation:||BEATRICE GICUKU v JAPHET NGURU  eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
IN THE HIGH COURT
HIGH COURT CIVIL APPEAL NO. 17 OF 2005
“The Report dated 30.9.04 filed by the District Surveyoron 4.10.21004, and the Report dated 16.9.2004 filedby the District Land Registrar, Embu on 20.9.2001following the orders of the learned SRM,R. M Mochache on 22.4.2004 and 16.9.2004 inEmbu PM’s Award case No. 53 of 2002”
The Appellant has listed 3 grounds of Appeal which I need not repeat for purposes of this short judgment. The Appeal proceeded by way of written submissions which I have read and carefully considered. I must say from the outset that I am in full agreement with the brief submission (1/2 page) of counsel for the Respondent. He has in his short submission just restated and clarified the position in law relating to Appeals. There is no competent Appeal before me on which I can be called upon to make a determination on merit.
There cannot be an Appeal to this court against a surveyor’s or Land Registrar’s report. The fact that the magistrate directed that any party who was dissatisfied with the said reports can move to the High Court on appeal against the said reports was a misdirection. The magistrate cannot confer jurisdiction to this court or to his court where none exists in law.
Signed by the above but dated and delivered at Embu this 28th day of July 2011