Elias Kashagama vs Theobard Bonephace Tibihikaho, Land case appeal no 71 of 2019.

This case explain on issue whether platiff can sue land matters/ownership without speicifying in detail about the land in dispute?

a court had this to say:

In any case, the law in Regulation 3 (2) (b) of Regulations requires detailed descriptions of the land in terms of size, location and neighbors surrounding the land so that it can be distinguish from other lands. This dispute in the Application did not provide land specification land did not comply with the law. I understand there was a dispute on assessor’s participation and retirement and invitation of section 23 and 24 of Cap. 216.

The dispute has already been handled by our superior court, the Court of Appeal, that the unclear proceedings on involvement and conduct of the assessors must be nullified (see: Ameir Mbarak & Another v. Edgar Kahwili, Civil Appeal No. 154 of 2015 and Joseph Kabuhi v. Reginam [1954] EACA Vol. XX 1-2).

Having said so, and considering the Application had fault for want of land specifications as required by the cited Regulation and precedents delivered by this court, I have formed an opinion to quash the judgment, set aside the proceedings and any orders emanated in

the Application.

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