Shikuku Mason Sitera & another v Ben Kumbuti Wasilwa [2018] KECA 319 (KLR)
- Court
- Court of Appeal
- Case number
- 319
- Citation
- [2018] KECA 319 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court's judgment and orderCoramE. M. Githinji, Hannah Okwengu, J. Mohammed
Holding
The Court finds no merit in the applicants' motion and dismisses the application with costs.
Facts
The applicants appealed against the High Court's judgment upholding the respondent's application for revocation of a grant issued in the deceased's estate. The High Court found that the deceased had sold and transferred land parcel No. Kakamega/Chekalini/238, and the grant was obtained fraudulently.
Issues
- Whether the omission of land parcel N.Kabras/Silunga/134 in the agreement dated 24th December 1986 was an error of law
- Whether the High Court's decision to revoke the grant was just and without miscarriage of justice
Reasoning
The applicants' motion seeks to review the judgment for an error of omission, which is not covered by Rule 35 of the Court of Appeal Rules. The Court concludes that the applicants have not demonstrated any errors of law or public interest justifying the exercise of the Court's residual power of review.
Outcome
Application dismissed with costs
Authorities cited
Cases cited (1)
- Benjo Amalgamated Limited & Muiri Coffee Estate Limited vs Kenya Commercial Bank Limited [2014] 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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