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MUGOGO
V.
SIHOWA

(1988) JELR 97624 (CA)

Court of Appeal 19 Jan 1988 Kenya
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Case Details

Suit Number:Civil Appeal 39 of 1986
Judges:John Mwangi Gachuhi, Fred Kwasi Apaloo, James Onyiego Nyarangi
Location:Kisumu
Other Citations:Mugogo v. Sihowa [1988] eKLR

JUDGMENT

January 19, 1988, Nyarangi, Gachuhi and Apaloo JJA delivered the following Judgment.

Before dealing with the important points of law raised in this appeal, it is necessary to set out the relevant facts which are established by the pleadings and by the evidence.

The disputed land was demarcated and adjudicated upon in the year 1963.

Neither the appellant nor the respondent was at home then. As provided under section 26(1) of the Land Adjudication Act (Cap 284) all persons named in or affected by the register were allowed sixty days from the date of the publication of the adjudication register to object to the adjudication officer in writing saying in what respect the register was wrong or incomplete. No evidence was adduced to show that any objection was made in respect of the material parcel of land. It is notoriously difficult for there to be no objection after the publication of a register if there are errors. The exercise of land adjudication involves government officials and …

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