[2002] KEHC 973 (KLR)
The court found that the appeal did not raise any issue of law other than customary law, as required by Section 8(9) of the Land Disputes Tribunals Act 1990. Consequently, the judge declined to issue the certificate necessary for the appeal to be listed for hearing. The absence of a qualifying legal issue meant the...
Source-derived case information.
- Citation
- [2002] KEHC 973 (KLR)
- Parties
- Applicant: Daniel Bube Karanja; Applicant: Mrs Jane Wanjiru Karanja; Respondent: Daniel C. Bube
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 3 of 2001
- Procedural Posture
- Civil Appeal / Ruling on Admission of Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Customary Land Law, Appeal Admission, Land Disputes Tribunal, Certificate for Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Bube Karanja
Applicant
Mrs Jane Wanjiru Karanja
Applicant
Daniel C. Bube
Respondent
Procedural Posture
Civil Appeal / Ruling on Admission of Appeal
Legal Issues
- 1 Whether the appeal raises any issue of law (other than customary law) as required for admission under Section 8(9) of the Land Disputes Tribunals Act 1990.
- 2 Whether the court should grant a certificate for the appeal to be listed for hearing.
Ratio Decidendi
The court found that the appeal did not raise any issue of law other than customary law, as required by Section 8(9) of the Land Disputes Tribunals Act 1990. Consequently, the judge declined to issue the certificate necessary for the appeal to be listed for hearing. The absence of a qualifying legal issue meant the appeal could not proceed, resulting in its dismissal with costs awarded to the respondent.
Court Disposition
appeal dismissed
Orders
- The appeal is not admitted to hearing.
- The appeal is hereby dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
5 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI FAMILY DIVISION CIVIL APPEAL NO. 3 OF 2001 DANIEL BUBE KARANJA MRS JANE WANJIRU KARANJA ……………………. . APPLICANTS VERSUS DANIEL C. BUBE ……………………………………… RESPONDENT R U L I N G
Both sides having requested me to act on the basis of what has been said in the affidavit of the Appellant dated 26th April 2002 and filed on that same date as well as the replying affidavit of the Respondent dated 2nd May 2002 and filed on 3rd May 2002 and upon having read the two affidavits in the light of the Memorandum of Appeal and other related documents filed, I hold the opinion that no issue of law (other than customary law) is involved in the Appellant’s appeal herein filed to challenge the decision of the Provincial Land Disputes Appeal Tribunal in Kiambu/135/2000 delivered on 11th May 2000, in terms of Section 8 (9) of the Land Disputes Tribunals Act 1990.
I am, therefore, unable to give the certificate required for the said appeal to be listed for hearing and, therefore, this appeal is not admitted to hearing and the same is hereby dismissed with costs to the Respondent.
Dated this 26th day of July 2002. J.M. KHAMONI JUDGE