Syokau v Kariavu & another (Environment and Land Appeal 65 of 2019) [2023] KEELC 17220 (KLR) (3 May 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 17220
- Citation
- [2023] KEELC 17220 (KLR)
- Decided
- 3 May 2023
Summary at a glance
TypeAppealPostureFirst AppealCoramNYUKURI
The court found that the trial was not unfair and that the Appellant did not prove her claim of adverse possession.
Facts
The Appellant, Benedetta Syokau, appealed against the judgment of D Orimba, Senior Principal Magistrate Kangundo, in Civil Case No 117 of 2013, alleging that the trial was unfair and that she was not given a chance to cross-examine the Plaintiffs and their witnesses.
Issues
- Whether the trial in the lower court was fair
- Whether the Appellant proved her claim of adverse possession
Reasoning
The court noted that the Appellant was present in court and informed the court that she had no advocate, but the court proceeded with the trial. The court also considered the submission that the Defendant was uneducated and thus should have been given a chance to seek legal representation.
Outcome
Appeal dismissed
Authorities cited
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