Mary Wanjiku v Allan Kimani [2018] KEELC 2189 (KLR)
- Court
- Environment & Land Court
- Case number
- 2189
- Citation
- [2018] KEELC 2189 (KLR)
- Decided
- 31 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication to join party and set aside previous judgmentCoramD. O. OHUNGO
Holding
The application is dismissed with costs to the plaintiff
Facts
Mary Wanjiku filed a suit against Allan Kimani for eviction and exhumation of remains. The defendant denied ownership and claimed adverse possession. The court issued a judgment on May 30, 2017.
Issues
- Whether Joyce Wanja Kimani can be joined as a defendant or interested party
- Whether the May 2017 judgment should be set aside
Reasoning
The court dismissed the application as the plaintiff is functus officio and cannot re-open the proceedings. The court has already rendered a judgment and a decree.
Outcome
Application dismissed
Orders
- Application dismissed with costs to the plaintiff
Authorities cited
Cases cited (2)
- Telkom Kenya Limited v John Ochanda (Suing On His Own Behalf and on Behalf Of 996 Former Employees of Telkom Kenya Limited) [2014] eKLR
- Raila Odinga v IEBC (2005) 1 SALJ 832
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.
Loading judgment…