JUDGMENT OF THE COURT
[1] By a ruling dated 12th November, 2015, the Environment and Land sitting at Bungoma (Mukunya J.), struck out the appellant’s suit and a notice of motion filed in the suit, for want of merit and abuse of the process of the court. Being aggrieved, the appellant Mohammed Nyongesa Sichangi, lodged an appeal before us, in which he raised twelve grounds.
[2] In a nutshell, the appellant faults the learned judge in dismissing his suit, contending that the learned judge based his decision on erroneous findings concerning a suit that had been filed by the respondent; that the judge failed to note that the dispute in the previous suit was a rent dispute and not a land dispute; that the judge took into account extraneous matters; and that the judge failed to find that the Business Premises Rent Tribunal (BPRT) had no jurisdiction to entertain the dispute.
[3] Both the appellant and the respondent filed written submissions, each urging the court to find in his favour. During…