Oscar Otieno Odongo v Edith Paye, Stephen Paye, George Omolo Odongo, Moco Auctioneers & Samwel Nyauke t/a nyauke and company advocates (Environment and Land Appeal 27 of 2020) [2022] KEELC 1576 (KLR) (25 January 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 1576
- Citation
- [2022] KEELC 1576 (KLR)
- Decided
- 25 January 2022
Summary at a glance
TypeAppealPostureAppeal from the ruling of the learned trial magistrate in Mbita Senior Resident Magistrate’s Court Environment and Land case number 16 of 2019CoramG M A Ong’ondo
The appeal is allowed as the trial court lacked jurisdiction over the suit and the appeal is statute barred.
Facts
The appellant, Oscar Otieno Odongo, sought to enforce a decree in Mbita Senior Resident Magistrate’s Court Environment and Land case number 16 of 2019, but the respondents, Edith Paye, Stephen Paye, George Omolo Odongo, Moco Auctioneers, and Samwel Nyauke, applied to have the appeal dismissed.
Issues
- The validity of the consent orders
- The jurisdiction of the trial court over the suit
Reasoning
The court found that the trial court's ruling was void due to lack of jurisdiction and that the appeal was statute barred.
Outcome
The appeal is allowed.
Orders
- The appeal is allowed as per orders (a), (b) and (c) proposed in the memorandum of appeal dated 14 January 2020
Remedies
- The respondents are ordered to bear the costs incurred before the trial court and this court
Authorities cited
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