Maghanga v Nyagah & 2 others (Environment and Land Appeal 27 of 2022) [2023] KEELC 18119 (KLR) (21 June 2023) (Judgment)

Facts

The Appellant, Eliakim Mngodo Maghanga, is dissatisfied with the ruling and orders of the Chief Magistrate's Court in Voi, which allowed the Plaintiffs' suit against him. The Plaintiffs are Margaret Mukami Nyagah, Beth Nduta Ndungu, and Jemimah Wakesho Dawson Mabruki.

Issues

1. The Trial Court erred in law and fact by allowing the Plaintiffs' suit when they had not proved their case on a balance of probability.
2. The Trial Court erred in law and fact by shifting the burden of proof from the Respondents to the Appellant.
3. The Trial Court erred in law and fact by holding that the suit was not time barred.
4. The Trial Court erred in law and fact by relying on demand letters instead of Plaintiffs' direct evidence to determine the accrual of the cause of action.
5. The Trial Court erred in law and fact by failing to hold that Plaintiffs' evidence was full of contradictions.

Reasoning

The Court found that the Trial Court did not err in its rulings and that the Plaintiffs' evidence was not full of contradictions.

Outcome

Appeal dismissed