Simon Ndichu Njoroge v Rahab Wanjiru Mbogo [2017] KEELC 1596 (KLR)
- Court
- Environment & Land Court
- Case number
- 1596
- Citation
- [2017] KEELC 1596 (KLR)
The interlocutory judgment is set aside, and the parties are ordered to fully comply with the order of Honorable Lady Justice Rawal before the case can proceed.
Facts
The Respondent filed a suit seeking a declaration that the deceased husband of the Applicant held land in trust for himself and the Applicant's siblings. The Respondent also sought costs and other relief. The Respondent filed a succession cause after the deceased's death, which was later revoked. The Respondent then filed a suit in the Environment and Land Court.
Issues
- Ownership of land parcel Loc16/Mbugiti/1008
- Compliance with court orders
Reasoning
The court found that the Respondent filed the suit prematurely and in disobedience of an existing court order, and thus set aside the interlocutory judgment.
Outcome
The interlocutory judgment is set aside, and the case is stayed pending compliance with the court order.
Orders
- Interlocutory judgment set aside
- Draft statement of defence deemed filed
- Compliance with court order required before case can proceed
Remedies
- Costs to be borne by the parties
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