Michael Kungu Kigia v Meru Teachers House Ltd Diretors Edward Dick Mugambi & 12 others [2017] KEELC 156 (KLR)
- Court
- Environment & Land Court
- Case number
- 156
- Citation
- [2017] KEELC 156 (KLR)
- Decided
- 13 December 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePreliminary objection filed by the defendant, followed by a request for ADR, and ultimately a final order dismissing the plaintiff's application.CoramAnmgawa J.R Onyancha
Holding
The court finds the plaintiff a vexatious litigant and dismisses the plaintiff's application with costs.
Facts
The plaintiff filed a plaint and an application for urgent consideration, alleging eviction from a plot of land and seeking reinstatement. The defendant opposed settlement and filed a preliminary objection.
Issues
- Whether the court has jurisdiction to hear the matter.
- Whether the plaintiff has established a cause of action.
Reasoning
The court concludes the plaintiff is a vexatious litigant and that the plaintiff's claim is scattered across various cases, making it difficult to establish a clear cause of action. The court also finds the plaintiff's application and notice of motion to be scandalous and incompetent.
Outcome
The plaintiff's application is dismissed with costs.
Orders
- The plaintiff's application is dismissed.
- The plaintiff's notice of motion is struck out with costs.
Authorities cited
Cases cited (1)
- Mukisa Biscuit Manufacturing Co. Ltd Vs West End Distributors Ltd (1969) E.A 696
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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