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The court dismissed a preliminary objection, holding that limitation, alleged fraud, and land-control issues raised contested facts requiring trial evidence.
Mulungu v Kariuki (Land Case Appeal E076 of 2024) [2026] KEELC 5187 (KLR) (29 July 2026) (Judgment)
The appeal succeeded because the respondent’s substantive claim to enforce transfer of land was brought through an ex parte miscellaneous application, which is not a lawful originating process for such relief. That procedure denied the appellant a proper hearing and prevented evidence from being tested in the ordinary manner, making the lower court’s orders unsustainable.
Source excerpt
Court of Appeal upheld dismissal of the land appeal, holding the 2nd respondent lacked authority to sell deceased property and the appellant’s title was void.
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