Hassan Musambayi Mbaruku v Nashon Aseka [2016] KECA 44 (KLR)
- Court
- Court of Appeal
- Case number
- 44
- Citation
- [2016] KECA 44 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to review the judgment or decision of the Court of AppealCoramD. K. MUSINGA, S. GATEMBU KAIRU, A. K. MURGOR
Holding
The Court dismissed the application for review, finding no error on the face of the judgment and no new evidence discovered by the applicant.
Facts
The applicant alleged that the respondent fraudulently caused the suit land to be registered in his name before receiving the full purchase price. The High Court dismissed the applicant's suit.
Issues
- Jurisdiction of Chitembwe, J. to hear the land dispute
- Error on the face of the judgment
Reasoning
The Court held that Chitembwe, J. had jurisdiction to hear the case as the suit was partly heard before the enactment of the Environment and Land Court Act. The Court also cited jurisprudence from other jurisdictions regarding residual jurisdiction.
Outcome
Application dismissed with costs to the respondent
Authorities cited
Legislation (3)
- Constitution of Kenya, 2010
- Sixth Schedule to the Constitution of Kenya, 2010
- Appellate Jurisdiction Act
Cases cited (1)
- ISAAC OBIUWEVBI v CENTRAL BANK OF NIGERIA SC 266/2006
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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