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George Loch Mbuya Ogola v. Elisha Okea's Family & County Government of Migori

(2016) JELR 98342 (CA)

Court of Appeal  •  Civil Appeal Application 199 of 2001  •  16 Dec 2016  •  Kenya

David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor



1. On 8th May, 2009, this Court, differently constituted, allowed an appeal by the appellant, whereby Wambilyanga, J. had reviewed the judgment of Waweru, J. dated 7th July, 2000 in High Court Civil Appeal No. 155 of 1998 at Kisii.

2. On 4th November, 2015 the same appellant filed an application urging this Court to review the aforesaid judgment, saying that he was not satisfied with the said judgment. At the centre of the dispute between the parties is the ownership of a parcel of land known as Plot No. 24 Migori Town. The court’s decision affirmed that the said parcel of land was registered in the name of Loch Ogola (deceased), the father of the applicant as well as Elisha Okea Ogola, who is also deceased, and would comprise part of Loch Ogolla’s estate. That was in accordance with the finding of the subordinate court that was confirmed by the High Court, (Waweru, J.)

3. In his application urging this Court to review its judgment of 8th May, 2009, the appellant cont…

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