Shichangi & 4 others (All suing as the legal representatives of the Estate of Wasike Shichangi) v Wangusi & 2 others (Environment & Land Case 122 of 2015 & 97 of 2011 (Consolidated)) [2023] KEELC 18626 (KLR) (6 July 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 18626
- Citation
- [2023] KEELC 18626 (KLR)
- Decided
- 6 July 2023
Summary at a glance
TypeLand DisputePostureAppeal from a previous judgmentCoramBN OLAO, Tunoi
The plaintiffs' suit is dismissed with costs to the 1st defendant, and the 3rd defendant's counter-claim is dismissed with costs to the plaintiffs.
Facts
The plaintiffs and the 3rd defendant filed lawsuits and a counter-claim, which were consolidated for hearing and final determination.
Issues
- Whether the plaintiffs' suit and the 3rd defendant's counter-claim were valid and should be dismissed.
- The validity of the County Surveyor's report stating that Chwele Plot No 53 does not exist.
Reasoning
The plaintiffs' suit was dismissed as it was an empty or boastful talk, and the County Surveyor's report stated that the plot does not exist.
Outcome
Appeal dismissed
Orders
- The plaintiffs' suit is dismissed with costs to the 1st defendant.
- The 3rd defendant's counter-claim is dismissed with costs to the plaintiffs.
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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