Ogut v Ayoro & 2 others (Environment and Land Appeal E009 of 2022) [2023] KEELC 21070 (KLR) (26 October 2023) (Judgment)

Facts

The Appellant and the 1st Respondent had a dispute over the location of the common boundary and an access road between their adjacent parcels of land. The Appellant sought the determination of the boundary and opening of the access road.

Issues

1. Subordinate court's jurisdiction to grant orders for redress of denial, violation or infringement of rights in the Bill of Rights
2. Nature of the Appellant's application for redress of denial, violation or infringement of rights

Reasoning

The Appellant's application was bad in law for want of jurisdiction by the lower court to grant the orders sought rather than for breach of the doctrine of exhaustion. The lower court has no jurisdiction to grant the reliefs that had been sought by the Appellant.

Outcome

The Appellant's appeal is dismissed. Each party bears his own costs of the appeal and the lower court suit.

Authorities cited