David Kimani Chege v Iddi Shaban Oniale [2021]em KLR [2021] KEELC 786 (KLR)
- Court
- Environment & Land Court
- Case number
- 786
- Citation
- [2021] KEELC 786 (KLR)
- Decided
- 23 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand Dispute AppealPostureAppeal from a Judgment of Senior Resident MagistrateCoramHon. B. M. Cheloti
Holding
The Appellant's appeal is dismissed. The trial court's Judgment was upheld, and the Appellant is ordered to vacate the land LR No. Kajiado/Kisaju/3584.
Facts
The Appellant (David Kimani Chege) appeals against a Judgment of Senior Resident Magistrate Hon. B. M. Cheloti, who entered Judgment in favor of the Respondent (Iddi Shaban Oniale) in Kajiado CMCC No. 20 of 2019. The Judgment ordered eviction of the Appellant from land LR No. Kajiado/Kisaju/3584.
Issues
- Whether the evidence of the parties was considered before the entry of Judgment in this matter.
- Whether the Appeal is merited.
- Who should bear the costs of the Appeal.
Reasoning
The trial court found the Respondent to have proved his case beyond a balance of probabilities and hence the rightful owner of the suit property by virtue of holding a valid Title Deed to LR No. Kajiado/Kisaju/3584.
Outcome
Appeal dismissed
Orders
- Order of eviction of the defendant from LR No. Kajiado/Kisaju/3584.
Authorities cited
Cases cited (1)
- Peninah Wanjiru Njane vs. Jane Waweru Mworia (2012) eKLR; Peter Kinyari Kihumba vs. Gladys Wanjiru Migwi & Another C.A Civil Application No. NAI121 of 2005 (6/05NYR); Giella vs. Cassman Brown Co. Ltd 1975 EA 358
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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