Case Metadata |
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| Case Number: | Civil Appeal 112 of 2010 |
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| Parties: | JOHN MARENDE OKURA v MOHAMMED MAKOKHA |
| Date Delivered: | 08 Dec 2011 |
| Case Class: | Civil |
| Court: | High Court at Kakamega |
| Case Action: | Judgment |
| Judge(s): | Beatrice Thuranira Jaden |
| Citation: | JOHN MARENDE OKURA v MOHAMMED MAKOKHA [2011] eKLR |
| Court Division: | Civil |
| Case Summary: | .. |
| 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 |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CIVIL APPEAL NO. 112 OF 2010
VERSUS
1. That the Tribunal was improperly constituted as it offended the mandatory provisions of S. 8(5) of the Land District Tribunal Act.
3. That the Tribunal erred in upholding the Matungu Land Disputes Tribunal decision when the said decision offended the Provisions of Section 8 (3) of the Land Disputes Tribunal Act.
5. That the Tribunal erred in law in upholding the Matungu Land Disputes Tribunal’s decision when it was evidently clear that it was not properly constituted.
6. That the Tribunal erred in upholding the decision of Matungu Land Disputes Tribunal when decision was biased and against the Weight of the evidence.
During the Appeal, the appellant appeared in person and relied on his memorandum of appeal. The Respondent also appeared in person and stood by the decision of the Tribunal
The decision of the Matungu Land Disputes Tribunal Act dated 24.11.2009 was made by five members. The panel was therefore properly constituted in accordance with Section 4 (1) of the Land Disputes Tribunal Act.
The decision of the Matungu Land Disputes Tribunal which was upheld by the Appeals Committee ordered the appellant to transfer ½ an acre of land to the Respondent. This is a decision on ownership and transfer. The decision contravenes Section 3 (1) of the Land Disputes Tribunal Act which provides as follows:-
Shall be heard and determined by a tribunal established under section 4”
The question of ownership and transfer of Land is outside the powers confered on the Tribunal by Section 3 (1) Land Disputes Tribunal Act.
Each party to bear its own costs.
Orders accordingly.
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