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COSMAS BULUMA
V.
ESAU NAMULANDA & ANOR.

(2015) JELR 97931 (CA)

Court of Appeal 6 Nov 2015 Kenya
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Case Details

Suit Number:Civil Appeal 18 of 2013
Judges:Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Cosmas Buluma v. Esau Namulanda & another [2015] eKLR

JUDGMENT OF THE COURT

1. On 14th September, 2007 the appellant filed an application in the High Court of Kenya at Busia seeking, inter alia, that the decree of the High Court dated 31st May, 1998 be reviewed and/or set aside.

2. In his short affidavit in support of the application, the appellant stated that sometimes in 1992, jointly with his deceased father, the late Richard Buluma, they filed a suit, Busia RMCC NO. 56 of 1992, against the respondent. While the hearing of the case was ongoing, the appellant's father died. The appellant chose to proceed with the case above and it was determined in his favour.

3. The respondent filed an appeal to the High Court but did not name the late Richard Buluma as one of the parties, although no formal order had been made to remove his name as a party.

4. The appeal was decided in favour of the respondent and the court remitted the case back to the lower court, which in turn referred the matter to the area Land Disputes Tribunal. The Tribunal decide…

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