Calistus Ochieno Oyalo & 4 others v Aoko & another [1998] KECA 34 (KLR)
The bottom line
#Kenya's Court of Appeal unanimously overturned a Kakamega High Court ruling in this family civil dispute, though the detailed reasoning sits in judgments not fully reproduced here.
What this practically means
#Executive summary
#Key legal issues
#Legal principles established
#Court orders
#- 1.Appeal allowed in terms of the orders proposed by Omolo, J.A. (the specific orders appear in the judgment of Omolo, J.A., which is not reproduced in the excerpt)
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
Gicheru JA wrote a short concurring judgment agreeing with the draft judgments of Chesoni CJ and Omolo JA and that the appeal be allowed in the terms proposed by Omolo JA.
I have had the advantage of reading in draft the judgments of Chesoni, C.J. and Omolo, J.A. and I agree that this appeal be allowed in terms of the orders proposed by Omolo, J.A.p. 1
- On appeal from
- High Court of Kenya at Kakamega
- H.C.C.C. No. 17 of 1994
- Jurisdiction invoked
- First appeal to the Court of Appeal from the High Court (statutory appellate jurisdiction; specific provision not stated in the excerpt)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I agree that this appeal be allowed in terms of the orders proposed by Omolo, J.A.
Issues in the judgment
#The excerpt contains only the concurring judgment of Gicheru, J.A.; the substantive judgments of Chesoni, C.J. and Omolo, J.A., which contain the reasoning and the specific orders, are missing, so holdings, questions for determination, costs and final orders cannot be extracted.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Calistus Ochieno Oyalo & 4 others v Aoko & another [1998] KECA 34 (KLR)", Case Analysis (1998). Civil Appeal 130 of 1996. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1998/34/eng@1998-06-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.