Peninnah Inyanje Karungu (Suing as the Executrix of the Estate of John Ngige Karungu) v Chris Masira & another [2018] KEELC 2679 (KLR)
- Court
- Environment & Land Court
- Case number
- 2679
- Citation
- [2018] KEELC 2679 (KLR)
- Decided
- 20 June 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a final order dismissing an application for equitable reliefCoramD. O. OHUNGO
Holding
The 2nd defendant’s Notice of Motion is dismissed with costs to the plaintiff
Facts
The plaintiff filed a Notice of Motion on December 22, 2016, seeking an equitable relief. The 2nd defendant was served on December 8, 2016, but did not file a response by the scheduled inter parte hearing on December 16, 2016.
Issues
- Whether the 2nd defendant was properly served
- Whether the 2nd defendant made a full and frank disclosure
Reasoning
The court found that the 2nd defendant was served on December 8, 2016, but did not file a response by the scheduled hearing. The court was not satisfied that the 2nd defendant made a full and frank disclosure.
Outcome
Dismissal of the 2nd defendant's Notice of Motion
Orders
- Notice of Motion dated 22nd December 2016 is dismissed with costs to the plaintiff
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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