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JONATHAN BWIRE OJIAMBO
V.
ROSEMARY AUMA ABANGI & ANOTHER

(2015) JELR 98054 (CA)

Court of Appeal 17 Nov 2015 Kenya
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Case Details

Suit Number:Civil Appeal 5 of 2015
Judges:David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Jonathan Bwire Ojiambo v. Rosemary Auma Abangi & another [2015] eKLR

JUDGMENT OF THE COURT

A). INTRODUCTION

Although this appeal consists of 20 grounds some of which are rather repetitive, its determination largely turns on the question whether an award made by the Budalangi Land Disputes Tribunal, pursuant to the provisions of the Land Disputes Act No. 18 of 1990 (now repealed), dispossessing the appellant of a parcel of land that had been duly registered in his name was valid in law.

The appellant's main argument before the trial court was that, being the registered absolute proprietor of land parcels Nos.Bunyala/Bulemia 3603 and Bunyala/Bulemia/3604 (“the suit properties”), the Budalangi Land Disputes Tribunal (the tribunal) had no jurisdiction to entertain the 1st respondent's claim over one of the suit properties, Bunyala/Bulmia/363 (parcel No. 363). The tribunal ruled in favour of the 1st respondent, after which the tribunal's award was adopted by a Magistrate's Court and the 1st respondent purported to sell that parcel of land to the 2nd respondent…

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