Hezekiah Kamau & another v Kamau Mukuna [2015] KECA 518 (KLR)
- Court
- Court of Appeal
- Case number
- 518
- Citation
- [2015] KECA 518 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBoundary Dispute AppealPostureAppeal from a judgment dismissing a suit and counterclaimCoramM.K. KOOME, J. MOHAMMED, J. OTIENO-ODEK
Holding
The learned judge's ruling on the boundary dispute is upheld, and the appeal is dismissed.
Facts
The appellants and respondent were registered proprietors of land parcels in North Kinangop. A boundary dispute arose, and the respondent filed a suit against the appellants seeking an order to deliver up the disputed portion of the suit property and to re-fix the boundary. The appellants denied trespassing and counterclaimed that the respondent was occupying 2 1⁄2 acres belonging to them.
Issues
- Whether there exists a fence on the respondent's parcel of land and if so, whether it should be removed.
- Who should pay the costs.
Reasoning
The trial judge's determination on the issues agreed upon by the parties was upheld, and the new facts and issues raised by the appellants after judgment were not considered by the trial court.
Outcome
Appeal dismissed
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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