SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Ushago Diani Investment Limited v Jabeen Manan Abdulwahab [2019] KECA 50 (KLR)

[2019] KECA 50 (KLR) Court of Appeal
Read PDF
Court
Court of Appeal
Case number
50
Citation
[2019] KECA 50 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for review of judgmentCoramD.K. MUSINGA, S. GATEMBU KAIRU, A.K. MURGOR
Holding

The Court of Appeal dismissed the application for review.

Facts

The applicant, Ushago Diani Investment Limited, was evicted from the suit premises following a judgment of the High Court. The applicant seeks review of the Court of Appeal's judgment to determine its residual rights over the suit premises and to clarify its rights regarding the structures and use thereof.

Issues

  1. Determination of the applicant's residual rights over the suit premises
  2. Clarification of the applicant's rights regarding the structures and use thereof

Reasoning

The Court of Appeal found that the applicant's position was not fully determined by the High Court's judgment and that the judgment did not clearly spell out the applicant's rights over the suit premises.

Outcome

Application for review dismissed

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.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case