Roda Nanga Muhunji v Joseph Kihundu Makambi [2017] KEELC 1175 (KLR)
- Court
- Environment & Land Court
- Case number
- 1175
- Citation
- [2017] KEELC 1175 (KLR)
The appeal is dismissed with costs to the respondent as there is nothing left to be implemented.
Facts
The plaintiff filed a suit for a permanent injunction against the defendant in 2011. The case was dismissed with both the plaintiff's claim and the defendant's counterclaim. The defendant later filed an application for the implementation of the decree, which was dismissed by the Magistrate. The appeal was filed against the dismissal of this application.
Issues
- Whether the appeal is against the judgement of the lower court or the dismissal of the application for implementation of the decree.
- Whether there is anything left to be implemented after the dismissal of both the plaintiff's claim and the defendant's counterclaim.
Reasoning
The court found that both the plaintiff's claim and the defendant's counterclaim were dismissed with costs, and the only issue was the costs of the dismissed suits. The issue of the access road was dismissed, and the parties could have appealed against the judgement instead of filing an application for the implementation of the decree.
Outcome
Appeal dismissed with costs
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