Intercountries Importers and Exporters Limited v Teleposta Pension Scheme Registered Trustees & 5 others [2019] KECA 928 (KLR)
- Court
- Court of Appeal
- Case number
- 928
- Citation
- [2019] KECA 928 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to set aside a consent order and to join interested partiesCoramP.N. WAKI, M. WARSAME, A.K. MURGOR
Holding
The application is allowed, the consent order is set aside, and the main application is reinstated for hearing on a priority basis.
Facts
Land Reference No. 209/13238 (originally LR No 209/2397) was originally owned by the East African Community Common Services. It was later vested in the Kenya Posts and Telecommunications Corporations (1st respondent) and allocated to Park Avenue Investments Limited (5th respondent) as security for a loan.
Issues
- Setting aside the consent order between the applicant and the 1st respondent
- Joining Total Security Limited and Le~ Molok Limited as interested parties
Reasoning
The court found that the consent order was improperly made and that the land was not properly vested in the 1st respondent.
Outcome
The application is allowed.
Orders
- The consent order is set aside.
- The main application is reinstated for hearing on a priority basis.
Remedies
- The costs of the application shall abide by the outcome of the main application.
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.
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