David Mwithirwa M’Ibaya v Geoffrey Kibaara M’Ibaya [2021] KEELC 2293 (KLR)
- Court
- Environment & Land Court
- Case number
- 2293
- Citation
- [2021] KEELC 2293 (KLR)
- Decided
- 28 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a ruling and orders of Hon. Sogomo G. delivered in ELC No. 47 of 2017CoramE.C. Cherono
Holding
The appeal lacks merit and is hereby dismissed with costs.
Facts
The appellant, David Mwithirwa M’Ibaya, filed a primary suit against the respondent, Geoffrey Kibaara M’Ibaya, in the Environment and Land Court. The suit was struck out by the trial court on the grounds of lack of jurisdiction.
Issues
- Whether the trial court was seized with jurisdiction to determine the dispute in the primary suit.
- Whether the appellant was liable to pay costs.
Reasoning
The trial magistrate found that he had no jurisdiction to handle the matter and struck out the primary suit with costs. The appellant is appealing on the grounds that they are relatives and costs should not be awarded to a relative. The court held that costs follow the event unless good reasons are given.
Outcome
Appeal dismissed with costs
Orders
- The appellant is liable to pay costs to the respondent.
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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