Richard v Ng’ang’a & another; Republic & another (Respondent) (Civil Appeal (Application) 242 of 2015) [2023] KECA 109 (KLR) (3 February 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 109
- Citation
- [2023] KECA 109 (KLR)
- Decided
- 3 February 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to enjoin the applicant/interested partyCoramJUDGE OF APPEAL, MOHAMMED, JUDGE OF APPEAL, F SICHALE, JUDGE OF APPEAL, J MOHAMMED
Holding
The application is dismissed with costs as it is an abuse of the court process.
Facts
Ombui Richard seeks to be enjoined in the appeal as a legal administrator of the estate of Teresa Gesare Kebwaro, who was removed from the appeal on January 20, 2020, and is the registered owner of the suit property.
Issues
- Whether the application for leave to enjoin the applicant is competent and sustainable.
- Whether the applicant should be enjoined in the appeal to protect the interest of the estate and beneficiaries.
Reasoning
The Court found that the appeal was not incompetent due to Teresa's death, and the applicant failed to explain why he was not joined in the appeal despite being aware of the proceedings and having the opportunity to do so.
Outcome
Application dismissed
Orders
- Application dismissed with costs
Authorities cited
Cases cited (1)
- Attorney General v Kenya Bureau of Standards & another [2018] eKLR
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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