Kibiti M’Naituri & 3 others v Gideon Gikunda Kirigia & 2 others [2021] KEELC 3109 (KLR)
- Court
- Environment & Land Court
- Case number
- 3109
- Citation
- [2021] KEELC 3109 (KLR)
- Decided
- 27 May 2021
The court found that the nature of the dispute was not a boundary despite per se but a case of trespass to land, and that the trial court did not err in allowing the 1st Respondent to testify on behalf of the 2nd and 3rd Respondents. The court also found that the Respondents had proved their claims to the required standard.
Facts
The Appellants and Respondents had disputes over the suit properties, which were registered in the names of the Respondents. The Appellants claimed they were lawfully farming within their own land, while the Respondents claimed the Appellants were trespassing.
Issues
- Whether the trial court erred in law in holding that it had jurisdiction to entertain the consolidated suits.
- Whether the trial court erred in law in allowing the 1st Respondent to testify on behalf of the 2nd and 3rd Respondents.
- Whether the trial court erred in law and fact in holding that the Respondents had proved their claims to the required standard.
Reasoning
The court determined that the nature of the dispute was trespass to land, not a boundary issue, and that the Respondents had presented sufficient evidence to prove their claims.
Outcome
The appeal is dismissed.
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