Onywoki Okondo v Samuel Nyarango [2019] KEELC 2336 (KLR)
- Court
- Environment & Land Court
- Case number
- 2336
- Citation
- [2019] KEELC 2336 (KLR)
- Decided
- 19 July 2019
Summary at a glance
TypeAppealPostureAppeal from the dismissal of a Miscellaneous Application by Hon. L. Kaittany (District Magistrate II (Prof))CoramJ. M. MUTUNGI, C.M. Waithaka
The appeal is dismissed with costs to the respondent.
Facts
The appellant sought to adopt an award made by Suneka Land Disputes Tribunal, claiming that the respondent resold land purchased by him in 2003. The respondent opposed the application, citing a previous dismissed application.
Issues
- Whether the trial magistrate erred in finding that the application was barred by res judicata.
- Whether the trial magistrate erred in finding that the application was res judicata.
- Whether the trial magistrate erred in finding that the court lacked jurisdiction to adopt the tribunal's decision.
Reasoning
The court held that the previous application was dismissed for non-attendance and was not determined on merit, making the subsequent application res judicata. The Land Disputes Tribunal lacked jurisdiction over the registered land, rendering its decision void.
Outcome
Appeal dismissed
Authorities cited
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