JUDGMENT OF THE COURT
This is an appeal from the ruling of the superior court (Aganyanya, J) delivered on 12th June, 2000.
The background to this appeal is that Beatrice M’Marete was the claimant in the Land Disputes Tribunal of Central Meru in Land Case Nos. 31 of 1998. Francis Muriithi M’Marete and John Gitonga Mbui were the objectors. The dispute related to parcel of land No. Nyaki/ Mulathankari/1680 and 1681. The decision of the Tribunal was as follows:
“The panel of elders after a long discussion decide and award that the parcels of land Nos. Nyaki/Mulathankari/ 1680 and 1681 in which the claimant’s homestead and their properties are, be awarded to the claimant, Beatrice Marete. Any Government fees and taxes be paid by the claimant.”
As a result of the above, an application for judicial review was filed (in the High Court of Kenya at Meru) under Order LIII rules 3, 4, 5 and 6 of the Civil Procedure Rules for the following orders:-
“1. That this honourable Court do call for the award o…