Francis Osike Masaba & another v Henry Khakhubi Wedodo [2019] KECA 417 (KLR)
- Court
- Court of Appeal
- Case number
- 417
- Citation
- [2019] KECA 417 (KLR)
The Court dismissed the appeal, finding that the appellants were not ready to prosecute their appeals and that the order for consolidation did not impact negatively on their preparedness.
Facts
The appellants filed two appeals challenging a judgment in Busia PMCC No. 154 of 2004, which ordered lifting of cautions on land parcel number Bukhayo/Kisoko/348. The appeals were consolidated, but the appellants were dismissed for lack of prosecution. They then filed an application to set aside the dismissal order.
Issues
- whether the High Court was partial in its judgment
- whether the order of consolidation was made without jurisdiction
- whether the appellants had not sought for adjournment
- whether the appellants were denied a hearing
- whether the caution was lodged without any cause
- whether interested parties had a case claiming a share of the suit land
- whether the respondent held the suit land in trust for the appellants for over 20 years
- whether findings in succession cause No. 120 of 2014 and tribunal case No. 14 of 2007 were considered
Reasoning
The Court considered the appellants' submissions and found that they were not candid with the court. The Court also noted that the caution was lifted only on the suit land and not about interests and privileges on the land, thus not causing prejudice to the appellants.
Outcome
Appeal dismissed with no order as to costs
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