KCC 148/2012

This case involved whether a local authority was obliged to create a new exit for the claimant's vehicles or if they had the right to use an existing exit.

Background

The documents of the case revealed that the court had concluded that the disputed passage was enough for two cars and that the appellant had the right to use it.

Decision

The court said that the court established its ruling on the grounds of the report of an expert which concluded that the local council was not legally obliged to open a new passage for the appellant. The court said that the court had concluded that the rejection by the council to open a new passage should not be considered as a negative administrative decision that can be appealed or dismissed. The court said that the court established its ruling on the grounds of solid evidence and that the appellant's defence was irrelevant in this regard.

The court dismissed the appeal.