Thomas Anzeze Musila v Samson Musila Jalenga [2015] KECA 83 (KLR)
- Court
- Court of Appeal
- Case number
- 83
- Citation
- [2015] KECA 83 (KLR)
The appeal is dismissed as the High Court lacked jurisdiction to entertain the appeal due to its untimely filing.
Facts
The appellant sought to set aside the High Court's judgment striking out his appeal from the Provincial Appeals Committee's decision to divide the disputed property equally between him and the respondent. The appellant claimed he was the registered owner of the property, but the title was misplaced. The respondent had taken over the property after the appellant's father's death and began selling portions of it.
Issues
- Whether the High Court had jurisdiction to entertain the appeal due to untimely filing
- Whether the appellant was the registered owner of the disputed property
Reasoning
The decision of the Provincial Appeals Committee was rendered on October 26, 2006, and the appeal to the High Court was filed on July 26, 2007, over five months after the 60-day period. The High Court lacked jurisdiction to entertain an appeal that was a nullity.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed with costs to the respondent
Authorities cited
Legislation (1)
- Land Disputes Tribunals Act, Section 8(9)
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