Dennis Odiwuor Opija v Mike Otieno Oranga [2021] KEELC 4764 (KLR)
- Court
- Environment & Land Court
- Case number
- 4764
- Citation
- [2021] KEELC 4764 (KLR)
- Decided
- 22 September 2021
The court ordered the Deputy Registrar to urgently call for the original record and a certified copy of proceedings and determination in Oyugis SPM’s Court Succession Cause number 68 of 2012 within 30 days from the date of this order.
Facts
The appellant, Dennis Odiwuor Opija, was a defendant in a previous case where the trial court found the respondent, Mike Otieno Oranga, entitled to remedies sought in a plaint dated 3 May 2017.
Issues
- Whether the appellant was a beneficiary of the estate of the late Remjus Olare Onditi (Deceased)
- Whether the appellant was a trespasser on the suit land
Reasoning
The court found that the appellant's claim of being a beneficiary of the estate of the deceased was not successful as he had not challenged the succession cause. The court also found that the appellant was a trespasser on the suit land.
Outcome
The appeal was fixed for mention to confirm compliance with the order and for directions.
Orders
- The Deputy Registrar to call for the original record and a certified copy of proceedings and determination in Oyugis SPM’s Court Succession Cause number 68 of 2012 within 30 days from the date of this order.
- The appeal is fixed for mention to confirm compliance with the order and for directions on 26 October 2021.
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