judy.legal
Login Register

Barasa Wanagwe v. Jafetha Kimokotiani

(1987) JELR 105667 (CA)

Court of Appeal  •  Civil Appeal 23 of 1986  •  27 Mar 1987  •  Kenya

Coram
John Mwangi Gachuhi, James Onyiego Nyarangi, Harold Grant Platt

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT KISUMU

CIVIL APPEAL NO 23 OF 1986

BARASA WANAGWE..................APPELLANT

v.

JAFETHA KIMOKOTIANI..............RESPONDENT

JUDGMENT

An interesting issue of law under section 6(2) (b)(section 6(3) in the old Act) of the land control Act 1967 has been raised.

Counsel for the appellant tells us correctly that the judge raised the particular point for the first time in his judgment and so no submissions were made. The exact position was not raised in the pleadings. The defences will have to be amended to include a specific reference to section 6(2) (b) to ensure that the issue whether consent is necessary or not, is considered. We think that it was improper for the judge to decide that issue of law without giving counsel for the appellant an opportunity to exhibit the title and documents and make submissions on the scope of section 6(2) (b). A similar situation seems to have arisen in Cleophas Wasike v. Mucha Swala CA 6 OF 1983 where in part theā€¦

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login