Peter Kipkurui Chemoiwo v Richard Chepsergon [2021] KECA 979 (KLR)
- Court
- Court of Appeal
- Case number
- 979
- Citation
- [2021] KECA 979 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the dismissal of the appellant's appeal for want of prosecutionCoramW. KARAN, HANNAH OKWENGU, F. SICHALE
Holding
The appeal is dismissed with costs to the respondent
Facts
Richard Chepsergon filed a suit in the SRM at Kabarnet alleging that he became the absolute proprietor of Parcel No. Baringo/Kapropita/283 in 1985, and that Peter Kipkirui Chemoiwo encroached the land. The appellant claimed to have inherited the land from his father and alleged an implied trust.
Issues
- Ownership of Parcel No. Baringo/Kapropita/283
- Prosecution of the appeal for want of prosecution
Reasoning
The court found that the appellant did not prosecute his appeal and that the respondent was prejudiced by the delay. The court dismissed the appeal for want of prosecution.
Outcome
Appeal dismissed
Orders
- Interim orders for the maintenance of the status quo pending inter partes hearing
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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