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JOSPHAT KAMAU GATIMU
V.
PETER GATIMU KANYONYO

(2015) JELR 100535 (CA)

Court of Appeal 17 Mar 2015 Kenya
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Case Details

Suit Number:Civil Appeal 16 of 2014
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek
Location:Nyeri
Other Citations:Josphat Kamau Gatimu v. Peter Gatimu Kanyonyo [2015] eKLR

JUDGEMENT OF THE COURT

[1] This is an appeal against the judgment of the High Court dated 17th February, 2014, wherein the respondent successfully applied for an order of certiorari quashing the award by the Nyeri Provincial Land Disputes Appeals Tribunal. In a first appeal, it is always a duty of the appellate court to re-evaluate and analyze the evidence before the trial court and make independent conclusions. This Court in Sumaria and Another –vs- Allied Industries Ltd., (2007) KLR 1, expressed itself as follows:

“Being a first appeal, the court was obliged to consider the evidence, re-evaluate it and make its own conclusion bearing in mind that a court of appeal would not normally interfere with a finding of fact by the trial court unless if it was based on misapprehension of the evidence or that the judge was shown demonstrably to have acted on a wrong principle in reaching the finding he did”.

[2] The appellant, Josphat Kamau Gatimu, (Josphat), is a son of the respondent, Peter Gat…

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