Were v Gardison & 3 others (Environment and Land Appeal E004 of 2021) [2022] KEELC 4797 (KLR) (20 September 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 4797
- Citation
- [2022] KEELC 4797 (KLR)
- Decided
- 20 September 2022
Summary at a glance
TypeLand Dispute AppealPostureAppeal from a judgment dismissing an application to set aside a judgmentCoramD. O. OHUNGO
The appeal is dismissed with costs to the respondents
Facts
The appellant filed a plaint against the respondents seeking eviction and demolition of structures on the suit property. The matter was transferred multiple times and ultimately resulted in a judgment in favor of the respondents, who claimed adverse possession and sought to re-register the land.
Issues
- Whether the learned magistrate erred in dismissing the appellant's application to set aside the judgment
- Whether the appellant was denied a fair hearing and just determination
Reasoning
The court found no misdirection by the learned magistrate and no valid reasons to interfere with his exercise of discretion. The appellant's failure to attend court was due to a clerical oversight, which was unreasonable given the time elapsed.
Outcome
Appeal dismissed
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