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PETER KIMANDIU
V.
LAND ADJUDICATION OFFICER TIGANIA WEST DISTRICT & 4 OTHERS

(2016) JELR 94537 (CA)

Court of Appeal 2 Mar 2016 Kenya
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Case Details

Suit Number:Civil Appeal 28 of 2015
Judges:Philip Nyamu Waki JA Roselyn Naliaka Nambuye JA Patrick Omwenga Kiage JA
Location:Nyeri
Other Citations:Peter Kimandiu v. Land adjudication officer Tigania West District & 4 others [2016] eKLR

JUDGMENT OF THE COURT

Introduction

1. The appeal before us involves the applicability of the Land Consolidation Act (Cap 283) (LCA) and the Land Adjudication Act (Cap 284) (LAA) to land adjudication areas, and the interpretation of the dispute resolution mechanisms set up in the two Acts. More specifically, the two issues that fall for our consideration are, firstly, depending on the applicable Act, whether, in a dispute relating to a completed Adjudication Register (the Register), the Land Adjudication Officer (LAO) has the power to sit and decide on his own or he must do so with the assistance of a committee. Secondly, whether a decision made by the Arbitration Board (the Board), under either Act, can be overturned by the LAO after the close of the Register.

2. The appeal arises from the decision of the High Court (P. M. Njoroge J.) sitting in Meru, made on 21st November 2014, in which the court refused to grant the Judicial Review order of certiorari to remove to the court for quashin…

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