Patrick Macharia Gichomo v Joyce Wanjiru Wambugu [2019] KEELC 4863 (KLR)
- Court
- Environment & Land Court
- Case number
- 4863
- Citation
- [2019] KEELC 4863 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a decision of the Kangema Principal MagistrateCoramJ.G. KEMEI
Holding
The Court held that the suit was not resjudicata and that the Appellant did not pay the purchase price to the Respondent’s mother in law.
Facts
The Appellant and Respondent disputed the ownership of a parcel of land. The Kangema Land Dispute Tribunal (LDT) awarded the Respondent a transfer of 1 acre from the parcel and a refund of the purchase price. The Appellant appealed, claiming the suit was resjudicata.
Issues
- Whether the learned magistrate fell in error by not accepting that the suit before her was Resjudicata.
- Whether the purchase price was paid to the Respondent’s mother in law, and if so, whether payment of the purchase price to Respondent’s mother in law was a valid settlement of the purchase price of the suit land.
- Costs of the appeal.
Reasoning
The Court determined that the Land Dispute Tribunal did not have jurisdiction to determine issues of title to land and refunds of money, and thus the suit was not resjudicata.
Outcome
Affirmed the decision of the lower court.
Orders
- Affirmed the decision of the lower court.
- Costs of the appeal to be determined by the lower court.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Land Disputes Tribunal Act
Cases cited (2)
- Sumaria & Another vs. Allied Industrial Limited
- Selle & Another vs. Associated Motor Board Co Ltd & Others
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.
Loading judgment…