Opanga & another v Ochieng & another (Environment and Land Appeal E004 of 2022) [2023] KEELC 20207 (KLR) (26 September 2023) (Judgment)

Summary at a glance

Facts

The appellants claim that the 1st respondent trespassed on their land, but the trial court found that the appellants had encroached on the 1st respondent's land. The 1st respondent argued that the Land Registrar had resolved the boundary dispute.

Issues

• Whether the trial court erred in finding that the appellants trespassed on the 1st respondent's land
• Whether the trial court erred in failing to take note of the 2nd defendant's evidence

Reasoning

The trial court correctly found that the appellants had encroached on the 1st respondent's land, and the appellants failed to prove their claim on a balance of probabilities.

Outcome

Appeal dismissed

Orders

• The appellants to bear the costs of the appeal and the original suit

Authorities cited