Login Register

Lawrence Musango Oketch, Peter Opiyo & Joyce Wanjawa v. Karen Enterprises Limited

(2019) JELR 98236 (CA)

Court of Appeal  •  Civil Appeal 105 of 2017  •  21 May 2019  •  Kenya

Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage



This appeal turns on whether a Court that is expressly divested of jurisdiction by Constitutional and Statutory fiat in a particular matter may nonetheless, for the noblest, most salutary reasons of expeditious justice, party autonomy and consent or such other well-intentioned and pragmatic reasons, go ahead to hear and determine such a matter.

By a Plaint filed way back on 27th May 2005, Karen Enterprises Limited (the respondent) who is the registered proprietor over a parcel of land Reference 16345 (the land) within Kisumu Town, alleged that the appellants had without any colour of right whatsoever trespassed on the land some time in 2004; within a span of 3 years, the appellants had erected structures on the land; the 1st appellant had constructed a semi-permanent house from mud and stone and excavated soil from the land; the 2nd appellant similarly constructed a semi-permanent house and several others for rental purposes; and the 3rd appellant had constructed a…

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