CATHERINE MUTHONI KIRIUNGI & ANOTHER
V.
CHAIRMAN, LAND ADJUDICATION & SETTLEMENT OFFICER, TIGANIA EAST CENTRAL DIVISION & 3 OTHERS

JUDGMENT OF THE COURT

[1] Land Parcels No. 3158 and 6073, which are the subject in this appeal are within Antuamburi Adjudicating Section in Tigania. As at the time the dispute herein arose, the adjudication process had not been completed. From what we can gather from the record, the grandfather of the 3^rd respondent – Joseph Nkinduku M’Liburu, had gathered his pieces of land as was the procedure in the adjudication process, and he was given the parcel described as No. 2280. A dispute arose between the said grandfather and the late Germano M’Amuuru (deceased). The matter was taken to the adjudication committee and the parcel in dispute was awarded to the late Germano; who took possession and continued to utilise the land for a long time.

[2] After some time, Joseph Nkinduku M’Liburu, 3^rd respondent decided to re-agitate the matter, and the same went to the Arbitration Board. Joseph won the case and Parcel No. 2280 was returned to their family. According to 3^rd respondent however, he cam…