Bogonko v Rasugu (Civil Appeal 142 of 2019) [2025] KECA 485 (KLR) (7 March 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 485
- Citation
- [2025] KECA 485 (KLR)
- Decided
- 7 March 2025
The appeal is allowed, the order made by the learned Judge on November 20, 2018 is set aside, and the suit is remitted to the ELC at Kisii for hearing before a judge other than Mutungi, J.
Facts
Stephen Bogonko Rasugu filed a suit in the Environment and Land Court at Kisii against Stephen Nyachieo Bogonko, claiming encroachment and trespass onto Monyerero 1053 land. The parties agreed to have the boundary dispute resolved by the Land Registrar and County Surveyor.
Issues
- Whether the respondent had encroached onto the appellant's land
- Whether the court's order adopting the report as judgment was procedurally sound
Reasoning
The court found that the report by the Land Registrar and Surveyor was not intended to conclusively determine the issues before the court and that the learned Judge could not abdicate his responsibility to determine the dispute by adopting as a judgment the report.
Outcome
Appeal allowed, order set aside
Orders
- Remit the suit back to the ELC at Kisii for hearing to proceed before a judge other than Mutungi, J.
Authorities cited
Legislation (1)
- Land Registration Act, 2012
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