Marion Wakanyi Kamau v Deliverance Church Registered Trustees & another [2017] KEELC 1849 (KLR)
- Court
- Environment & Land Court
- Case number
- 1849
- Citation
- [2017] KEELC 1849 (KLR)
- Decided
- 1 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision of the Environment and Land CourtCoramMARY M. GITUMBI
Holding
The Plaintiff's requests in both applications are dismissed.
Facts
The Plaintiff filed two applications seeking to produce a deed of exchange and investigate its authenticity, and to set aside a temporary injunction. The applications were filed after the main suit had commenced.
Issues
- Whether the Plaintiff can seek production of a document after the main suit has commenced.
- Whether the Plaintiff can seek investigations by the Directorate of Criminal Investigations after the main suit has commenced.
- Whether the Plaintiff can seek to set aside a temporary injunction after the main suit has commenced.
Reasoning
The Plaintiff cannot seek production of a document or investigations after the main suit has commenced as the hearing has already started. The Plaintiff also cannot seek to set aside the temporary injunction as the suit is part-heard.
Outcome
Dismissal of both applications with costs to the Defendants.
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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