United States International University v Maestro Connections Health Systems Ltd & 4 others [2017] KEELC 1510 (KLR)
- Court
- Environment & Land Court
- Case number
- 1510
- Citation
- [2017] KEELC 1510 (KLR)
Summary at a glance
TypeLand SuitPostureApplication to strike out the 5th defendant dismissedCoramS. Okongo
The 5th defendant's application to strike out the name from the suit is dismissed.
Facts
The plaintiff, United States International University, purchased a parcel of land known as L.R No.15997/2 from the 5th defendant, Icea Lion Life Assurance Company Ltd., in 1999. The plaintiff sub-divided the land and transferred it to Balozi Cooperative Society Limited. The 1st defendant, Maestro Connections Health Systems Ltd., and the 2nd defendant, H. E. Daniel Toroitich Arap Moi, have challenged the plaintiff's title to the land.
Issues
- Whether the 5th defendant is a necessary party to the suit.
- Whether the plaintiff's claim against the 5th defendant is time-barred.
Reasoning
The court found the 5th defendant necessary to the suit due to their involvement in the sale of the disputed land. The court also dismissed the time-barred argument.
Outcome
Application dismissed with costs to the plaintiff and the 1st, 2nd, and 4th defendants.
Orders
- Application to strike out the 5th defendant dismissed
Remedies
- Costs to the plaintiff and the 1st, 2nd, and 4th defendants
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…