Patrick Okeefe v Jonathan Savage [2020] KECA 762 (KLR)
- Court
- Court of Appeal
- Case number
- 762
- Citation
- [2020] KECA 762 (KLR)
- Decided
- 24 April 2020
Summary at a glance
TypeBoundary Dispute AppealPostureAppeal from a judgment of the Environment and Land CourtCoramD.K. MUSINGA, S. GATEMBU KAIRU, A.K. MURGOR
The appeal is dismissed with costs to the respondent.
Facts
The appellant and respondent are registered proprietors of two parcels of land in Kilifi/Jimba, originally sub-divided from Plot No. Kilifi/Jimba 380 and 397. The respondent alleged that the appellant had encroached into his property by about 62 meters.
Issues
- Whether the trial court had jurisdiction to entertain the suit.
- Whether the defect in the plaint could be corrected by an amendment instead of striking out the entire suit.
Reasoning
The court found no basis to interfere with the trial judge's decision and that the defect in the plaint could be corrected by an amendment.
Outcome
Appeal dismissed
Orders
- An amendment to the plaint be effected to reflect the real owner of the property.
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