Republic v Minister for Lands & another Ex-Parte Mary Koki Muthoka & another [2017] KEELC 2542 (KLR)
- Court
- Environment & Land Court
- Case number
- 2542
- Citation
- [2017] KEELC 2542 (KLR)
- Decided
- 30 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureEx-parte ApplicationCoramO.A. ANGOTE
Holding
The court restrains Annastacia Wayua from executing the decree and orders her to pay the costs of the Application.
Facts
The Applicant sought to restrain Kande Auctioneers and Annastacia Wayua Mikenga from executing a court decree and to be awarded costs. The Applicant alleged that Annastacia Wayua had improperly instructed Kande Auctioneers to execute the decree.
Issues
- Restraining Annastacia Wayua from executing a court decree
- Awarding costs to the Applicant
Reasoning
The court found that Annastacia Wayua was not a party to the proceedings and thus could not claim costs under Order 53 Rule 6 of the Civil Procedure Rules.
Outcome
The Application is allowed.
Orders
- Annastacia Wayua Mikenga be and is hereby restrained from executing the decree of this court dated 2nd April, 2015 in her personal capacity.
- Annastacia Wayua Mikenga to pay the costs of this Application.
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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