Adeti v Alexander Oyiolo Odongo T/A Alema Service Station (Civil Appeal 44 of 2018) [2022] KECA 1037 (KLR) (23 September 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 1037
- Citation
- [2022] KECA 1037 (KLR)
- Decided
- 23 September 2022
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TypeCivil AppealPostureAppeal from the Judgment and Decree of the Environment and Land Court of Kenya at Busia (A. K. Kaniaru, J.) dated 21st February, 2018 in ELC NO. 180 OF 2014CoramP. O. KIAGE, S. ole KANTAI, MUMBI NGUGI
Holding
The appeal is dismissed with costs to the respondent.
Facts
The appellant, Columbus Opio Adeti, claimed that the respondent, Alexander Oyiolo Odongo, illegally constructed a concrete wall and a service station (petrol station) on the suit property without his consent or license. The appellant had plans to construct commercial buildings on the suit property but was interrupted by the illegal occupation.
Issues
- Whether the appellant proved his claim of trespass on the suit property.
- Whether the appellant is entitled to mesne profits due to the illegal occupation of the suit property.
Reasoning
The appellant failed to prove that the property on which the petrol station was situated was the suit property. Therefore, he cannot be entitled to mesne profits.
Outcome
Appeal dismissed
Orders
- discharge his burden of proof as provided for in section 107 and 109 of the Evidence Act
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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