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STANLEY MBIUKI
V.
DIRECTOR OF LAND ADJUDICATION & ANOR

(2022) JELR 114109 (CA)

Court of Appeal 8 Jul 2022 Kenya
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Case Details

Suit Number:Civil Appeal 37 of 2016
Judges:W Karanja, JA MSA Makhandia, JA K M'Inoti, JA
Location:Nairobi

JUDGMENT

  1. The appellant, Stanley Mbiuki by way of judicial review application in the High Court sought for: -

    a) an order of mandamus compelling the Director of Land Adjudication, or officers under him not to delete the name of the appellant and if already removed to reinstate it in the register of existing rights as the owner of land parcel No. 1075 Muiru.

    b) an order that the new numbers given to the sub-division of the said parcel of land that’s Karingani/Muiru/1201 to 1206 or Karingani/Muiru/916 be registered in the name supplied by the appellant to the 1st respondent, and lastly;

    c) an order of certiorari to remove into the High Court and quash the decision of the 1st respondent contained in his letter of 11th August 1983 cancelling the name of the appellant and substituting it with that name of Muratha Micheu, the 2nd respondent in the register of existing Rights.

  2. From the record, the genesis of the dispute is that during the process of gathering fragments of land before demarcation t…

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