Susan Nyawira v James Kingau Mungai & 3 others [2017] KEELC 2640 (KLR)
- Court
- Environment & Land Court
- Case number
- 2640
- Citation
- [2017] KEELC 2640 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous orderCoramS. OKONG’O
Holding
The order made on 21st November 2013 is reviewed and the part thereof which prohibited any further dealings with Plot No. 1422 is discharged.
Facts
The Plaintiff and Defendant were husband and wife. The Plaintiff brought a suit against the Defendant seeking orders to restrain the Defendant from selling or disposing of Plot No. 1423. The 1st Interested Party was added to the suit on her own application, claiming she was the owner of Plot No. 1422 and that the Defendant was trying to create a road through it.
Issues
- Whether the Plaintiff's suit should be reviewed to exclude Plot No. 1422
- Whether the Plaintiff's application for the removal of cautions registered against the title of Plot No. 1422 is necessary
- Whether the Plaintiff's application for an injunction against the other parties to the suit in relation to Plot No. 1423 is necessary
Reasoning
The dispute over a road which was to pass through Plot No. 1422 has been resolved, and it is not necessary to continue involving Plot No. 1422 in these proceedings.
Outcome
Appeal successful
Orders
- The order made on 21st November 2013 is reviewed and the part thereof which prohibited any further dealings with Plot No. 1422 is discharged.
- The costs of the application to be in the cause.
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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