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Christina Ndege v. Daudi Wankanya, (PC) Civ. App. 162-D-67, 29/4/68, Saudi J.



Christina Ndege v. Daudi Wankanya, (PC) Civ. App. 162-D-67, 29/4/68, Saudi J.

Appellant and her husband had occupied the disputed land for thirty years. In 1959 her husband contracted an illness and she thereafter took him to Kenya for treatment. When she returned in 1964, she found that the land had been re-allocated to respondent by the Village Development Committee.

            Held: “It is quite obvious that the re-allocation of the land illegal and amounted to abuse of power by the Village Development Committee.” The original owner, the husband who had died, left behind his widow and five children. Appeal allowed and direction given that appellant and her children be put in possession of the land forthwith.

 

 

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