Said & 2 others v Schering (Civil Appeal 142 of 2019) [2022] KECA 552 (KLR) (6 May 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 552
- Citation
- [2022] KECA 552 (KLR)
- Decided
- 6 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the ruling and order of the Environment and Land CourtCoramS. GATEMBU KAIRU, P. NYAMWEYA, J. LESSIT
Holding
The appeal fails and is dismissed with costs to the respondent.
Facts
The appellants, Nereah Michael Said, Gerhard Heiduk, and Wolfgang Georg Johann Ehgartner challenged the ruling of the Environment and Land Court dismissing their application to strike out a suit against them by the respondent, Thomas Schering. The respondent sought reliefs to restrain the appellants from dealing with a property and to cancel their registration as owners.
Issues
- Whether the appellants demonstrated that the decision of the learned judge constituted an erroneous exercise of judicial discretion.
- Whether the appellants had demonstrated reasonable cause of action or abuse of process of the court.
Reasoning
The court endorsed the learned judge's approach and found that the pleadings and affidavits before the court below were contested, making the preliminary objection and application to strike out the suit not addressed by the judge.
Outcome
Appeal 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.
Loading judgment…