Kirugumi v Wachira & another (Environment and Land Appeal 47 of 2014) [2022] KEELC 4923 (KLR) (16 June 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 4923
- Citation
- [2022] KEELC 4923 (KLR)
- Decided
- 16 June 2022
Summary at a glance
TypeAppealPostureAppeal from the judgment of Hon. MKK SeremCoramL. N. WAITHAKA
The appeal is dismissed as the trial court's findings are supported by the evidence presented.
Facts
The appellant, Anne Nyawira Kirugumi, filed a suit in the lower court to declare herself the legal owner of plot No 181 Chaka market, cancel the purported sale by the 1st respondent to the 2nd respondent, and seek an injunction and removal of illegal structures.
Issues
- Whether the trial court ignored the appellant's evidence and witnesses
- Whether the trial court's finding that the appellant failed to avail a crucial witness was correct
Reasoning
The court reviewed the evidence and found that the trial court considered the appellant's evidence and witnesses, including Dominic Gichuru, who was not called as a witness.
Outcome
Appeal dismissed
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