Borana Kiara v Bilista Kambura Miriti (Representing the Estate of Adelina Gaaji Magiri (Deceased) [2019] KEELC 3233 (KLR)

Facts

The applicant Borana Kiara sought to have a judgment and decree from the Land and Environment Court at Chuka reviewed and modified, claiming that the respondent Adelina Gaji Magiri (deceased) should be entitled to 2 acres of land from the LR.MWIMBI/S. MUGUMANGO/495 parcel. The respondent had been served with a notice to remove 2 acres of land from the applicant's parcel.

Issues

1. Aggrieved by the judgment and decree
2. Lack of jurisdiction of the Land District Tribunal
3. Appeal to the magistrate's court and the Land and Environment Court at Chuka
4. Irreparable loss if the orders are not granted

Reasoning

The court found that there was no demonstration of new evidence, mistake or error on the face of the record, or any other sufficient reason to warrant the review sought by the applicant. The application was summarily dismissed.

Outcome

Application dismissed