Loveridge v Kimani & 5 others (Civil Appeal E038 of 2023) [2025] KECA 2192 (KLR) (11 December 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 2192
- Citation
- [2025] KECA 2192 (KLR)
- Decided
- 11 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment and orders of the Environment and Land Court of Kenya at MombasaCoramF. TUIYOTT, L. ACHODE, A. O. MUCHELULE
Holding
The court sets aside the judgment and orders made on 20th January 2022 and remits the matter to the Environment and Land Court for hearing afresh before any judge other than Yano, J., and Naikuni, J.
Facts
Sheila Loveridge and Richard Kimani dispute ownership of land known as Kwale/Galu/676. Kimani claims he bought the land from Mr. Karagani in 1974, while Sheila claims she bought it from Swaleh Mohamed Mwakuriwa and Hamisi Ayubu Mwamjika through an agreement dated 7th May 2004.
Issues
- Ownership of the land known as Kwale/Galu/676
- Validity of the land purchase by Kimani
Reasoning
The court accedes to the appellant's prayer for a retrial due to the passage of time affecting the judge's recollection of the trial dynamics.
Outcome
Appeal allowed
Orders
- Remission of the matter to the Environment and Land Court for hearing afresh
- Directions on priority and expedited hearing to be given by the Presiding Judge of the Court
Remedies
- Set aside the judgment and orders made on 20th January 2022
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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