|Civil Appeal 161 of 2010
|AGGREY KIBISU LIVETE v RUTH ANDENYO ONZERE
|08 Dec 2011
|High Court at Kakamega
|Beatrice Thuranira Jaden
|AGGREY KIBISU LIVETE v RUTH ANDENYO ONZERE  eKLR
|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 OF KENYA
CIVIL APPEAL NO. 161 OF 2010
J U D G M E N T
(i) That the Western Provincial Land Disputes Appeals Committee had no authority in law to pronounce a decision as to the ownership of land parcel No. KAKAMEGA/VIYALO/1317.
2. At the hearing, Mr. Kundu, Advocate for the Applicant argued both grounds 1 & 2 of the appeal and referred the court to Section 3 (1) of the Land Disputes Tribunal Act and Section 8 (5) of the same Act.
4. The Provincial Land Disputes Appeals Tribunal Committee decided as follows:
2. The Sabatia Land Disputes Tribunal cause ruling stands as ordered for immediate implementation.
4. The parties to keep peace.”
6. It is clear that the panel was improperly and unlawfully constituted and in breach of section 8(5) of the Land Disputes Tribunal Act.
“Ruth ANDENYO ONZERE should take possession of her portion on LR. KAKAMEGA/VIYALO/1317 as demarcated on the ground by the late ELLAM AKEMENA MAMESA. The remaining portion on LR/KAKAMEGA/VIYALO/1317 that belonged to the late mama ELISHA MUHALIA should be shared out to three people i.e JAIRUS GUMBIHI, SHEM LIVETE AKEMENA and RUTH ANDEYO ONZERE”
“Subject to this Act, all cases of a Civil nature involving a disputes as to:
(b) A claim to occupy or work land; or
9. The appeal has merit and is allowed. The Sabatia Land Disputes Tribunal and the Western Provincial Appeals Committee decision relating to land parcel No. KAKAMEGA/VIYALO/1317 are both set aside.
11. Orders accordingly.
Delivered, dated and signed in open court on the 8th day of December, 2011.