Davidson Maritim v Paul Ongeri Magwara & another [2017] KEELC 1738 (KLR)
- Court
- Environment & Land Court
- Case number
- 1738
- Citation
- [2017] KEELC 1738 (KLR)
- Decided
- 27 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for Temporary Injunction and Transfer of SuitCoramD. O. OHUNGO
Holding
The application is dismissed. The court advises the parties to deal with the issues in the pending suit.
Facts
Plaintiff filed an application for temporary injunction against the defendant, seeking to prevent trespassing and damage to land. A previous suit involving the same parties and property is pending before the Chief Magistrate's Court.
Issues
- Whether the court can hear the application due to a pending suit involving the same parties and property.
- Whether the court can transfer the pending suit to this court.
Reasoning
The court dismissed the application due to the pending suit involving the same parties and property, citing section 6 of the Civil Procedure Act.
Outcome
Application dismissed
Orders
- Notice of Motion dated 10th April 2017 is dismissed.
- The court advises the parties to deal with the issues in CMCC No. 1214 of 2012.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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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