Sang v Arusei & another (Civil Appeal 48 of 2021) [2023] KEELC 16780 (KLR) (13 April 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 16780
- Citation
- [2023] KEELC 16780 (KLR)
- Decided
- 13 April 2023
Summary at a glance
TypeCivil AppealPostureAppeal from the Uasin Gishu Land Disputes TribunalCoramJM ONYANGO
The appeal is dismissed as the appeal was filed out of time and the tribunal lacked jurisdiction.
Facts
The appellant sold a parcel of land to the 1st respondent, who then occupied a portion of it without the appellant's consent. The 1st respondent later moved to a different parcel and then back to the original parcel, leading to a dispute.
Issues
- Whether the appeal was filed out of time
- Whether the Land Disputes Tribunal had jurisdiction to hear and determine the dispute
Reasoning
The court found the appeal was filed 37 days after the tribunal's decision, which is beyond the 30-day limit set by the Land Disputes Tribunal Act. The court also ruled that the tribunal had no jurisdiction to determine ownership of the land.
Outcome
Appeal dismissed
Authorities cited
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