Case Metadata |
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| Case Number: | civ app 15 of 99 |
|---|---|
| Parties: | William Onginjo Kanga v Erick Otieno Mawira |
| Date Delivered: | 24 Nov 2000 |
| Case Class: | Civil |
| Court: | Court of Appeal at Kisumu |
| Case Action: | Judgment |
| Judge(s): | Johnson Evan Gicheru, Abdulrasul Ahmed Lakha, Moijo Matayia Ole Keiwua |
| Citation: | William Onginjo Kanga v Erick Otieno Mawira [2000] eKLR |
| Court Division: | Civil |
| County: | Kisumu |
| History Advocates: | Neither party represented |
| Case Outcome: | Appeal allowed. |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
WILLIAM ONGINJO KANGA .............................................. APPELLANT
JUDGMENT OF THE COURT
The only reason why the learned judge struck out the plaint is because he felt he had no jurisdiction. But the statutory consent has been granted under section 30 of the Land Adjudication Act, Cap.284. This is expressly stated in paragraph 12 of the plaint. Accordingly, the Court clearly had jurisdiction. The learned judge was plainly wrong in declining the jurisdiction.
Dated and delivered at Kisumu this 24th day of November, 2000.
J. E. GICHERU
A. A. LAKHA
M. KEIWUA
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: GICHERU, LAKHA & KEIWUA, JJ.A.)
CIVIL APPEAL NO. 15 OF 1999
BETWEEN
AND
ERICK OTIENO MAWIRA ...................................................RESPONDENT
Accordingly, the appeal is allowed. The case is remitted to the superior court for hearing.
...............
JUDGE OF APPEAL
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JUDGE OF APPEAL
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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