SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Florence Seyanoi Kibera v Deborah Achieng Aduda & another [2019] KECA 723 (KLR)

[2019] KECA 723 (KLR) Court of Appeal
Read PDF
Court
Court of Appeal
Case number
723
Citation
[2019] KECA 723 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for review of the Ruling of the Court of AppealCoramW. Ouko, D. K. Musinga, S. Gatebu Kairu
Holding

The application is an abuse of the process of the court and is dismissed with costs.

Facts

The High Court (K. Bor, J) had restrained the applicant from selling, leasing, occupying or dealing with land, and issued an order of specific performance.

Issues

  1. Abuse of process of the court
  2. Jurisdiction of the Court of Appeal

Reasoning

The Court found the application to be an abuse of the process of the court due to improper ulterior motives and lack of genuine belief in the merits of the application.

Outcome

Application dismissed

Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case