Philip Matoke Abuga v Duncan Ombui Ontita [2018] KEELC 3456 (KLR)
- Court
- Environment & Land Court
- Case number
- 3456
- Citation
- [2018] KEELC 3456 (KLR)
Summary at a glance
The plaintiff's suit is dismissed with costs to the defendant
Facts
The plaintiff, Philip Matoke Abuga, claimed that the defendant, Duncan Ombui Ontita, unlawfully constructed a sewer line on his land, causing inconvenience and health hazards.
Issues
- Whether the defendant's construction of the sewer line was lawful
- Whether the plaintiff suffered any damages as a result of the defendant's actions
Reasoning
The court found no evidence of trespass and the defendant had rerouted the sewer line, rendering the plaintiff's case for mesne profits and damages invalid.
Outcome
Appeal dismissed
Orders
- The plaintiff's suit is dismissed with costs to the defendant
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