Khamis & 2 others v Kalume & 19 others (Civil Appeal E057 of 2021) [2024] KECA 1923 (KLR) (12 April 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 1923
- Citation
- [2024] KECA 1923 (KLR)
- Decided
- 12 April 2024
The appeal is dismissed. The learned Judge did not exercise his discretion improperly. The appellants do not have a proprietary interest in the suit land.
Facts
The appellants are the registered owners of land known as CR 45219 subdivision No. MN/V/2403 and CR 59000, L.R No. MN/V/2618, which they claim emanated from a subdivision of the land in dispute. The 1st to 17th respondents are the 1st to 17th respondents in the original suit. The 20th respondent is a legal representative of the estate of a deceased person.
Issues
- Whether the learned Judge exercised his discretion properly in dismissing the application for review.
- Whether the appellants have a proprietary interest in the suit land.
Reasoning
The learned Judge did not exercise his discretion improperly. The appellants' claim of subdivision did not arise in respect of the suit land. The trial court was functus ocio after the judgment was rendered in the original suit.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed.
- The learned Judge's ruling is affirmed.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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