Owiti v Aridi & another (Environment and Land Appeal E48 of 2022) [2024] KEELC 610 (KLR) (8 February 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 610
- Citation
- [2024] KEELC 610 (KLR)
- Decided
- 8 February 2024
Summary at a glance
TypeEnvironment and Land AppealPostureAppeal from a ruling and order of the lower courtCoramSO OKONG'O
The court set aside the ruling and order of the lower court and dismissed the respondents' notice of preliminary objection.
Facts
The appellant Owiti filed a suit against the respondents Aridi and Aridi in the Chief Magistrate's Court at Kisumu, seeking a declaration that the respondents' construction on Plot No. 263 encroached on his Plot No. 262, and a permanent injunction. The respondents raised a preliminary objection.
Issues
- whether the lower court had no jurisdiction to determine the dispute
- whether the preliminary objection was capable of disposing the dispute
Reasoning
The court found that the lower court erred in its findings and rulings, including failing to find that the dispute was a boundary dispute and that the court had jurisdiction to hear the case.
Outcome
Appeal successful
Orders
- dismissal of respondents' notice of preliminary objection
- setting aside the ruling and order of the lower court
Authorities cited
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