JOSEPH KIRUI
V.
MOHAMMED KIPTARUS KEITTANY & ANOR

(2022) JELR 113700 (CA)

Court of Appeal 28 Apr 2022 Kenya
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Case Details

Suit Number:Civil Appeal 81 of 2013
Judges:PO Kiage, JA M Ngugi, JA F Tuiyott, JA
Location:Eldoret

JUDGMENT

JUDGMENT OF MUMBI NGUGI, J.A

  1. The decision the subject of this appeal arose out of a petition in which Said Arap Keitany (deceased) had petitioned the High Court under section 84(1) and sections 75(1) and 77(9) of the former constitution alleging violation of his constitution rights. The alleged violations were by the Uasin Gishu Land Disputes Tribunal (hereafter ‘The Tribunal’) in a decision pertaining to the respondent’s land reference number 733/17 IR 53970 (‘the suit property’). I note that by an order of this Court made on 19th March 2021, the deceased respondent was substituted with the administrators of his estate, Sally Jeptoo Keittany and Mohammed Kiptarus Keittany.

  2. The proximate proceedings leading to this appeal were the petition before the High Court which was determined in favour of the respondent. The matter, however, has a long history. The appellant had filed a claim before the Tribunal alleging that he was entitled to an acre of land out of the suit property, whi…

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