Owino v Ochere (Civil Appeal 5 of 2020) [2023] KEHC 367 (KLR) (23 January 2023) (Judgment)

Facts

The appellant, Joseph Akongo Owino, was aggrieved by the dismissal of his application for revocation of a grant by Hon. Tom Mark Olando, Senior Resident Magistrate. The respondent, Joseph Otieno Ochere, had previously been found to have proved his case against Owino.

Issues

1. The trial magistrate's ruling was deemed unfair, unjust, and illegal.
2. The trial magistrate's finding that the respondent had proved his case against the appellant was challenged.
3. The trial magistrate's failure to appreciate the veracity of the appellant's evidence was criticized.
4. The trial magistrate's failure to evaluate the entire evidence on record and make a finding that the respondent had proved his case on a balance of probability was disputed.

Reasoning

The court found that the trial magistrate's decision was a ruling rather than a judgment, and that the Environment and Land Court is the appropriate court to establish land ownership.

Outcome

Appeal dismissed

Authorities cited