Oduol v Adinda & another [2024] KEELC 7571 (KLR)

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