Grace Ayugi Mahulo (also suing as the administrator of the estate of the late Marcelina Amolo Mahulo) v Samuel Okello & 4 others [2016] KEELC 532 (KLR)
- Court
- Environment & Land Court
- Case number
- 532
- Citation
- [2016] KEELC 532 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand CasePostureAppeal from an original trial decisionCoramS.M. KIBUN, S.M. Kibunja
Holding
The notice of motion is dismissed with costs to the Plaintiff
Facts
The Plaintiff filed a suit against the Defendants in Kisumu ELC No.58 of 2012, and later became the administrator of the estate of the late Marcelina Amolo Mahulo. The 1st and 3rd Defendants filed a notice of motion seeking to stay the suit or strike it out due to the Plaintiff's involvement in the previous suit.
Issues
- Whether the 1st and 3rd Defendants' notice of motion has merit
- Whether the Plaintiff's involvement in the previous suit affects the current proceedings
Reasoning
The Plaintiff is the administrator of the estate of the late Marcelina Amolo Mahulo, and she was the 1st Plaintiff in the previous suit. The previous suit was withdrawn, and the Plaintiff is not involved in the current proceedings.
Outcome
Appeal dismissed
Orders
- The notice of motion to stay the proceedings or strike out the suit against the 1st and 3rd Defendants is dismissed with costs to the Plaintiff
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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