[2023] KEELC 22551 (KLR)
The court found that the matter had not been fully heard on its merits in the lower court. To ensure justice and a fair hearing for both parties, the appellate court determined that the appropriate course was to remit the case back to the trial court for a full hearing. The appeal was therefore allowed to the extent...
Source-derived case information.
- Citation
- [2023] KEELC 22551 (KLR)
- Parties
- Appellant: Caroline Muthoni Njuki; Respondent: Samuel Gicimu Gikonyo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E011 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Appeal
- Outcome
- Appeal allowed to the extent that the matter is remitted to the trial court for hearing on merit. Costs of the appeal to the respondent.
- Judges
- A Kaniaru
- Legal Topics
- Trespass to Land, Waste of Property, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caroline Muthoni Njuki
Appellant
Samuel Gicimu Gikonyo
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Appeal
Legal Issues
- 1 Whether the lower court erred in its ruling regarding alleged trespass and waste on land parcel Nthawa/gitiburi/1120.
- 2 Whether the matter should be remitted back to the trial court for hearing on merit.
Ratio Decidendi
The court found that the matter had not been fully heard on its merits in the lower court. To ensure justice and a fair hearing for both parties, the appellate court determined that the appropriate course was to remit the case back to the trial court for a full hearing. The appeal was therefore allowed to the extent that the lower court's ruling was set aside, and the matter was ordered to be heard afresh. Costs of the appeal were awarded to the respondent.
Court Disposition
Appeal allowed to the extent that the matter is remitted to the trial court for hearing on merit. Costs of the appeal to the respondent.
Orders
- The matter is remitted back to the trial court to be heard on merit.
- Costs of the appeal are awarded to the respondent.
Full Case Text
Judgment text and source record
17 paragraphs
Njuki v Gikonyo (Environment and Land Appeal E011 of 2022) [2023] KEELC 22551 (KLR) (25 October 2023) (Ruling)
Neutral citation: [2023] KEELC 22551 (KLR)
Republic of Kenya
In the Environment and Land Court at Embu
Environment and Land Appeal E011 of 2022
A Kaniaru, J
October 25, 2023
Between
Caroline Muthoni Njuki
Appellant
and
Samuel Gicimu Gikonyo
Respondent
(Being an appeal against the Ruling and order of the Principal Magistrate’s Court at Siakago delivered on 30th June, 2022 by Hon. E.N. Wasike, PM, in MC ELC No. 89 of 2021)
Ruling
1. This appeal arose from the ruling of the lower court in Siakago MC ELC No. 89 of 2021 Samuel Gicimu Gikonyo v Caroline Muthoni Njuki by E.N. Wasike, Principal Magistrate. The appellant – Caroline Muthoni Njuki – was the defendant while the respondent – Samuel Gicimu Gikonyo – was the plaintiff. In the lower court the Respondent had sued the appellant alleging trespass into his parcel of land No. Nthawa/gitiburi/1120 and committing acts of waste on a portion of the remitted back to the trial court to hear the suit on merit. Costs of appeal to the Respondent.
RULING DATED, SIGNED AND DELIVERED IN OPEN COURT AT EMBU THIS 25TH DAY OF OCTOBER, 2023. A.K. KANIARUJUDGE25. 10. 2023