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Land And Property [2025] KEELC 5248 (KLR)

Anumo v Asoi & another

Anumo v Asoi & another [2025] KEELC 5248 (KLR)

The court found that the appellant improperly introduced new issues and evidence on appeal—specifically, the lack of capacity to contract and absence of Land Control Board consent—which were not pleaded or canvassed at trial. The appellate court is bound to determine the appeal based on the record and issues raised before the trial court. The trial magistrate did not err in validating the agreement for sale, as the contract met the requirements of the Law of Contract Act, and the parties admitted to its existence and to the respondent's possession. The trial court's order for specific perform…

  • Sale Of Land Agreements
  • Specific Performance
  • Land Control Board Consent
  • Capacity To Contract
  • Burden Of Proof
  • Introduction Of New Issues On Appeal
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Tax Law [2017] KEHC 9960 (KLR)

Central Kenya Cofee Mills Limited v Commissioner of Domestic Taxes

Central Kenya Cofee Mills Limited v Commissioner of Domestic Taxes [2017] KEHC 9960 (KLR)

The High Court found that while the Tax Appeals Tribunal has discretion to allow or reject amendments to pleadings, such discretion must be exercised judiciously and not be unduly fettered by procedural technicalities. The Court held that the appellant's application to amend its Memorandum of Appeal, though made late, sought to introduce a substantial legal issue that could be determined without the need for further evidence. The Court emphasized that new legal issues may be raised on appeal in exceptional circumstances, particularly where they pertain to jurisdiction or statutory interpretat…

  • Amendment Of Pleadings
  • Tax Appeals Tribunal Procedure
  • Introduction Of New Issues On Appeal
  • Late Application For Amendment
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.