[2024] KEELC 7571 (KLR)
The court found that the trial magistrate had jurisdiction to hear and determine the dispute as it related to land, and that the judgment delivered on 16th June 2021 was based on a proper evaluation of the evidence presented. The appellate court determined that there was no sufficient ground to set aside the lower...
Source-derived case information.
- Citation
- [2024] KEELC 7571 (KLR)
- Parties
- Appellant: Joseph Okoth Oduol; Respondent: Hesborn Oduol Adinda; Respondent: Jared Juma Adinda
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Land Case Appeal E002 of 2023
- Procedural Posture
- Land Case Appeal / Decree
- Outcome
- Appeal partly merited; judgment of trial magistrate upheld; each party to bear own costs.
- Judges
- AY Koross
- Legal Topics
- Jurisdiction of Land Court, Appeal From Magistrate Court, Restoration of Land, Costs of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Okoth Oduol
Appellant
Hesborn Oduol Adinda
Respondent
Jared Juma Adinda
Respondent
Procedural Posture
Land Case Appeal / Decree
Legal Issues
- 1 Whether the trial magistrate's judgment delivered on 16th June 2021 should be set aside.
- 2 Whether the Environment and Land Court had jurisdiction to entertain the suit.
- 3 Whether the appellant is entitled to restoration of the disputed land.
Ratio Decidendi
The court found that the trial magistrate had jurisdiction to hear and determine the dispute as it related to land, and that the judgment delivered on 16th June 2021 was based on a proper evaluation of the evidence presented. The appellate court determined that there was no sufficient ground to set aside the lower court's decision. Consequently, the appeal was only partly merited to the extent that the court clarified its jurisdiction, but the substantive judgment dismissing the appellant's case was upheld. Each party was ordered to bear their own costs, reflecting the partial merit of the appeal and the absence of manifest error in the trial court's findings.
Court Disposition
Appeal partly merited; judgment of trial magistrate upheld; each party to bear own costs.
Orders
- This appeal is partly merited.
- The judgment of the learned trial magistrate delivered on 16/6/2021 is hereby upheld.
Full Case Text
Judgment text and source record
19 paragraphs
Oduol v Adinda & another (Land Case Appeal E002 of 2023) [2024] KEELC 7571 (KLR) (7 November 2024) (Decree)
Neutral citation: [2024] KEELC 7571 (KLR)
Republic of Kenya
In the Environment and Land Court at Siaya
Land Case Appeal E002 of 2023
AY Koross, J
November 7, 2024
Between
Joseph Okoth Oduol
Appellant
and
Hesborn Oduol Adinda
1st Respondent
Jared Juma Adinda
2nd Respondent
Decree
1. Claim for:a.That the Judgment of the Judgment Magistrate delivered by Hon. Simiyu on the 16th June 2021 be set aside.b.That an order of the disputed land be restored to the appellant forthwithc.Costs to the appellant.
2. Upon Judgment on 14. 11. 2024 before Hon. Lady Justice A.Y. Koross and upon delivering the Judgment of the Court.It is hereby ordered:a.That this appeal is partly merited.b.That the judgment of the learned trial magistrate delivered on 16/6/2021 is hereby upheld.c.That the court had jurisdiction to entertain the suit.d.That the Judgment that dismissed the appellant’s case is upheld.e.That each party shall bear their respective costs in respect of the appeal.
DATED AT SIAYA THIS 7TH DAY OF NOVEMBER 2024JUSTICE A.Y. KOROSSENVIRONMENT AND LAND COURT AT SIAYAJUDGEISSUED UNDER MY HAND AND THE SEAL OF THIS COURT THIS 7TH DAY OF NOVEMBER 2024DEPUTY REGISTRARENVIRONMENT AND LAND COURT AT SIAYA