JUDGMENT OF THE COURT
This is an appeal from the ruling of the High Court of 18th May 2006 of Kariuki, GBM, J, in the matter where the learned judge declined to grant an order of review sought by the appellant.
The brief facts of the case are that the appellant filed a complaint in the Malava Land Disputes Tribunal No. 95 of 97 seeking the eviction of the respondent who he contended had encroached on his land, that is Land Reference No. South/Kabras/Samitsi/99 comprising 6 acres (the disputed property).
Upon hearing the parties to the dispute the Land Tribunal found that the respondent was entitled to 1 acre of the disputed property, while the appellant was to retain 5 acres. The appellant filed an appeal to the Provincial Land Disputes Appeals Tribunal. On the date of the hearing the respondent did not attend, and as a result, the Appeals Tribunal heard the appeal ex-parte. In the end, the appeal was dismissed and the Land Tribunal, ordered the respondent to vacate the disputed property…