Bore Mukundi Karani v Nabiu Bundi & Joseph Magoci [2017] KEELC 1583 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT OF KENYA

AT CHUKA

CHUKA ELC CIVIL APPEAL CASE NO 96 OF 2017

BORE MUKUNDI KARANI................................................APPELLANT

VERSUS

NABIU BUNDI.........................................................1ST RESPONDENT

JOSEPH MAGOCI..............................................2ND RESPONDENT

RULING

1. The Eastern Province Appeals Committee on 20. 7.2011 delivered its findings and determination in the following terms:

FINDINGS

1. Nature of dispute is the whole land and not a boundary.

2. The appellant was the one to cultivate the land in dispute.

3. The first defendant is deceased and the second defendant is present and they were accused together.

4. The land was divided by the first and second defendant

5. The land was sub-divided traditionally and no party is registered under the land.

RULING

Appeal accepted

Meru South tribunal award dismissed

The block which was to be registered under the two defendants should be registered under Bore Mukundi Karani.

2. The decision made by the Eastern Province Appeal’s Committee was never appealed in this court or its predecessor court (the High Court) within the stipulated time or at all.

3. In the circumstances, it is declared that there is no appeal pending in this case.

4. This matter is marked as disposed of and this file should be removed from the list of appeals pending in this court.

5. It is so ordered.

Delivered in Chambers at Chuka this 10th day of October, 2017 in the presence of:

CA: Ndegwa

P.M. NJOROGE

JUDGE