Peter Njuguna Gachie v Alice Kemunto Ondieki & another [2019] KECA 173 (KLR)

Facts

The applicant, Peter Njuguna Gachie, filed a suit against the respondents, Alice Kemunto Ondieki and Kennedy Obwaya Onsongo, for encroachment upon his parcel of land. The respondents filed a notice of appeal to the Court, which included an application for an interlocutory injunction to restrain the applicant from interfering with their property. The criminal case against the applicant was withdrawn by the Director of Public Prosecutions.

Issues

1. Whether the orders issued on 17th October, 2014 should be vacated
2. Whether the respondents have acted diligently in pursuing their appeal

Reasoning

The court found that the respondents have not acted diligently in pursuing their appeal and that the trial court's file is missing. The court decided to afford the respondents a limited period of time to file their appeal.

Outcome

The orders issued on 17th October, 2014 shall stand vacated and the appeal shall be filed within thirty (30) days from the date of this judgment.

Authorities cited