Ali Mohammed Ali Mwinzangu v Kaingu Mangi & 5 others [2017] KEELC 2223 (KLR)
- Court
- Environment & Land Court
- Case number
- 2223
- Citation
- [2017] KEELC 2223 (KLR)
- Decided
- 29 June 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to join an interested party, stay execution of judgment, and set aside judgmentCoramL. KOMINGOI
Holding
The application is dismissed as it is not in the interest of justice to join the applicant in the suit. The judgment dated 18th December 2009 is not to be reviewed or set aside.
Facts
The plaintiff, Ali Mohammed Ali Mwinzangu, sought to join Hassan Abdulkadir Aziz as an interested party in the suit. He also sought to stay the execution of a judgment dated 18th December 2009 and set aside the judgment.
Issues
- Whether the applicant has satisfied the court that he ought to be enjoined in this suit as an interested party.
- Whether the judgment dated 18th December 2009 should be reviewed or set aside.
Reasoning
The court found that the applicant has not met the conditions set down in Order 1 Rule 10 of the Civil Procedure Rules and that the judgment has already been delivered and no appeal was preferred against it. The application is dismissed as an abuse of the court process.
Outcome
Application dismissed
Orders
- The application is dismissed.
- The judgment dated 18th December 2009 is not to be reviewed or set aside.
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Constitution of Kenya
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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