Japheth N Welekhesia v William Ambuli Kutwa, Land Adjudicator & Attorney General [2014] KEHC 2866 (KLR)

REPUBLIC OF  KENYA

IN THE HIGH COURT AT KAKAMEGA

CIVIL CASE NO:  5  OF 1999

JAPHETH  N.  WELEKHESIA............................................PLAINTIFF

VERSUS

WILLIAM  AMBULI  KUTWA

LAND ADJUDICATOR........................................DEFENDANTS

ATTORNEY GENERAL

D I R E C T I O N S

The court was expected to deliver its judgment. I have noted that the only issue for determination is whether the plaintiff’s plot was reduced from 115 acres to 105 acres on 18/12/2013.  I issued an order whereby the Kakamega District Land Registrar and the Provincial Land Surveyor were to visit the two plots namely LUGARI SETTLEMENT SCHEME/NUMBER 35 and 309 and establish the acreage of each plot.  The surveyor was to use the original 1965 Map Sheet No.  DRG/TPA/STT/65/209.  The plaintiff was to meet the costs of the exercise. It appears that the order was not extracted.   I do order that the court order be extracted and served upon the two officers.

Dated, delivered and signed at Kakamega this 17th  day of September  2014.

SAID  J.  CHITEMBWE

JUDGE