Ochenge v Momanyi (Environment and Land Appeal E010 of 2022) [2023] KEELC 21329 (KLR) (24 October 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 21329
- Citation
- [2023] KEELC 21329 (KLR)
- Decided
- 24 October 2023
The judgment of the lower court is set aside and overturned. A permanent injunction is issued restraining Momanyi from trespassing onto the land.
Facts
Christine Ochenge sued Mark Okeo Momanyi in Keroka CMCC ELC. No. E013 of 2021, claiming a permanent injunction against trespassing onto land parcel Nyaribari Masaba/Bomobea/862. Momanyi admitted the land belonged to Ochenge's estate but disputed the Appellant's claim to the land as the second wife of the deceased.
Issues
- Whether the Appellant is properly before the court
- Whether the learned trial magistrate erred in law and fact by engaging in judicial misconduct and exhibiting open bias
Reasoning
The Appellant is properly before the court as she obtained letters of administration to protect her late husband's estate. The learned trial magistrate erred in law and fact by recording irrelevant and disputed evidence, allowing the Respondent's oral application for costs, and hearing an oral application as an appeal.
Outcome
Appeal successful
Orders
- A permanent injunction restraining Momanyi from trespassing onto the land
Remedies
- Costs of the appeal and the subordinate court
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