Francis Barasa Lurare & another v Denis Nyongesa Maloba [2020] KECA 189 (KLR)
- Court
- Court of Appeal
- Case number
- 189
- Citation
- [2020] KECA 189 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the High CourtCoramR. N. Nambuye, D. K. Musinga, S. Gatebvu Kairu
Holding
The court directs a retrial of the objection proceedings before a judge other than the original judge, and directs the incoming judge to conduct the retrial expeditiously.
Facts
The appellants and the respondent are sons of the deceased Alfayo Lurare Kibui. The appellants filed a succession cause seeking a grant of representation to the deceased's estate. The respondent opposed the application, claiming that the deceased sold only two acres of land to the respondent's father.
Issues
- Whether the respondent's family has the right to the seven acres of land claimed by them
Reasoning
The court found that the original judgment was flawed as it did not effectively and judicially determine the dispute between the parties.
Outcome
Appeal granted
Orders
- A retrial of the objection proceedings before a different judge
- The incoming judge to conduct the retrial expeditiously
- The matter to be mentioned before the Presiding Judge of Bungoma High Court within 21 days for directions as to the hearing
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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