Ongaga v Orieri & 2 others (Civil Appeal 93 of 2019) [2025] KECA 1162 (KLR) (20 June 2025) (Judgment)

Facts

The appellant, Wilfred Morara Ongaga, sought the reinstatement of a caution registered on land titles West Mugirango/Siamani/8276 and 8277, which were removed by the Land Registrar. The appellant's application was dismissed for want of prosecution, and the inhibition against the land titles was lifted.

Issues

1. Whether the learned judge erred in dismissing the appellant's application for review
2. Whether the learned judge erred in not considering the appellant's submissions

Reasoning

The court found no new facts to justify review and the learned judge's decision was an exercise of discretion. The court held that the appellant did not demonstrate that the judge misapprehended or misapplied the law.

Outcome

Appeal dismissed

Authorities cited