Masinde v Koi & 3 others (Civil Appeal 86 of 2019) [2021] KECA 1025 (KLR) (29 January 2021) (Judgment)

Facts

The appellant, Protus Evans Masinde, claimed that he be declared the legal and absolute owner of land known as Kili/Madeteni/396, which was registered in his name. The 1st respondent, Chengo Katana Koi, claimed that he be declared the owner of the land and that the allotment of the suit property to the appellant be declared ultra vires, arbitrary and illegal.

Issues

1. Whether the learned judge erred in law by denying the appellant a reasonable opportunity to present his case and evidence.
2. Whether the learned judge erred in law by failing to give the appellant an opportunity to be heard and proceeded to determine the case in complete disregard of the other parties' presence in the case.

Reasoning

The appellant was denied an opportunity to present his case and evidence, and to prosecute his counterclaim due to the learned judge's failure to make a ruling on the application for adjournment and the lack of agreement on record that the matter was to proceed.

Outcome

Appeal allowed, judgment and decree set aside, remitted to the Environment and Land Court at Malindi.

Authorities cited