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Joseph Mose Akuma v. Paskaria Moige Ontita

(2011) JELR 105157 (CA)

Court of Appeal  •  Civil Appeal 91 of 2005  •  29 Jul 2011  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

This is an appeal from a judgment of Wambiliangah, J. delivered on 18th July, 2003 in which he adopted an elders’ award and entered it as a judgment of the High Court.

In the memorandum of appeal the appellant has challenged the judgment on the following grounds:-

1. THAT the learned trial Judge erred in law and in fact in dismissing the Appellant’s application to set aside the Panel of Elders’ award.2. THAT the learned trial Judge erred in law and in fact in not addressing the issue of Customary Law (Gusii) that a married lady does not inherit at her maiden home.

3. THAT the learned trial Judge erred in law and in fact in not finding that the Panel of Elders was not constituted as per the Court Order hence ultra vires.

4. THAT the learned trial Judge erred in law and in fact in not finding that the Panel of Elders’ award was not in conformity with the Court Order hence ultra vires.

In the appeal the appellant was represented by Mr. Masese advocate and the respondent w…

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