George Loch Mbuya Ogola v Elisha Okea’s Family & County Government of Migori (Civil Appeal (Application) 199 of 2001) [2016] KECA 45 (KLR) (16 December 2016) (Ruling)
- Court
- Court of Appeal
- Case number
- 45
- Citation
- [2016] KECA 45 (KLR)
- Decided
- 16 December 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal ApplicationPostureAppellant seeks to review the judgment of the Court of Appeal at Kisumu, while respondents oppose the application.CoramD. K. MARAGA, D. K. MUSINGA, A. K. MURGOR
Holding
The Court of Appeal dismisses the application without merit, considering that the decision sought to be reviewed was made more than seven years ago and there were no errors of law warranting review.
Facts
The dispute centers on the ownership of a parcel of land known as Plot No. 24 in Migori Town, registered in the name of Loch Ogola (deceased), the father of the appellant, and Elisha Okea Ogola (deceased).
Issues
- Whether the Court of Appeal has power to review its own judgments.
- Whether the inclusion of Elisha Okea's family as a respondent is valid.
Reasoning
The Court of Appeal found that the issue of ownership of the suit property was properly dealt with by different courts, and the application is without merit.
Outcome
Application dismissed with costs to the second respondent.
Authorities cited
Cases cited (2)
- BENJOH AMALGAMATED LIMITED & ANOTHER V KENYA COMMERCIAL BANK [2014] eKLR
- HARUN OSORO NYAMBUKI V PETER MUJUNGA GATHURU & ANOTHER [2016] eKLR
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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