Rapemo v Ogile (Environment and Land Appeal E057 of 2022) [2025] KEELC 3347 (KLR) (3 April 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 3347
- Citation
- [2025] KEELC 3347 (KLR)
- Decided
- 3 April 2025
Summary at a glance
TypeAppealPostureFirst AppealCoramFO NYAGAKA, Odunga
The court found that the appeal is not merited and that the Respondent should bear the cost of the appeal.
Facts
The Appellant, Daniel Owuor Rapemo, appealed against the judgment of the Principal Magistrate, Homabay Hon. Mark Orlando, delivered on 14th September, 2021 in Homabay Civil Case No. 66 of 2019. The Appellant alleged that the trial magistrate erred in law and fact by ignoring his evidence and treating it superficially, and in finding and holding that he had not proved his case against the Respondent, Elina Aluoch Ogile.
Issues
- Whether the appeal is merited.
- Who should bear the cost of the appeal.
Reasoning
The court re-evaluated the evidence and found that the Appellant's claims about joint ownership of the land were irrelevant and inadmissible hearsay.
Outcome
The appeal is dismissed.
Authorities cited
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