JEREMIAH GITAU & 2 ORS
V.
BONIFACE JEMUTAI CHESIRE & 35 OTHERS

(2022) JELR 113441 (CA)

Court of Appeal 4 Feb 2022 Kenya
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Case Details

Suit Number:Civil Appeal 156 of 2017
Judges:W KARANJA, JA MSA MAKHANDIA, JA S OLE KANTAI, JA
Location:Nakuru

JUDGMENT

  1. This is an appeal from the judgment and decree of the Environment and Land Court (ELC) in Nyahururu (M. C. Oundo J.) delivered on 28th June, 2017 in Petition No. 9 of 2017. The respondents herein (petitioners before the trial court) filed before the ELC a petition seeking orders, inter alia, as follows against the appellants ( respondents before the ELC) :-

    “i. A declaration that the proceedings both before the South Kinangop District Land Disputes Tribunal, in Case No. 77 of 2008 as well as in Nyahururu Principal Magistrate’s Court Land Dispute Case No. 1 of 2012 contravened the Petitioners’ rights to property, housing, fair administrative action and fair hearing under Articles 40(1) & (3), 43(1) (b) 47(1) and 50(1) of the Constitution.

    ii. A declaration that the proceedings both before the South Kinangop District Land Disputes Tribunal, in case No. 77of 2008 and the Nyahururu Principal Magistrate’s Court Land Dispute Case No. 1 of 2012 contravened rules of natural justice.

    iii.…

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