Samuel Oluoch Helu v National Social Security Fund [2018] KEELC 2303 (KLR)
- Court
- Environment & Land Court
- Case number
- 2303
- Citation
- [2018] KEELC 2303 (KLR)
The court is not satisfied the plaintiff has made out a case to warrant the orders sought. The notice of motion dated 17/10/14 is dismissed for lack of merit.
Facts
The plaintiff sought orders compelling the defendant to disclose the identity of the persons occupying the suit property, but the plaintiff brought the suit seeking an injunction and eviction orders.
Issues
- Whether the plaintiff has made out a case to warrant the orders sought.
- Whether it is unreasonable to shift the burden of disclosing the identity of the occupant to the defendant.
Reasoning
The plaintiff's request to compel the defendant to disclose the identity of the persons occupying the suit property is not the same as seeking to identify the identity of the person or persons with whom the defendant may have entered into a purchase agreement. The court finds it unreasonable to shift the burden of disclosing the identity of the occupant to the defendant.
Outcome
The notice of motion dated 17/10/14 is dismissed for lack of merit.
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