Presbeta Investment Ltd & another v National Bank of Kenya Limited & 2 others [2018] KEELC 3032 (KLR)
- Court
- Environment & Land Court
- Case number
- 3032
- Citation
- [2018] KEELC 3032 (KLR)
- Decided
- 31 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out suitCoramC. YANO
Holding
The suit is struck out with costs to the 1st and 3rd defendants.
Facts
The Plaintiffs filed a suit against the Defendants seeking a permanent order to restrain the Defendants from selling, trespassing, evicting, interfering with the Plaintiffs' right of quiet enjoyment of the Suit properties. The Defendants sought to have the suit struck out.
Issues
- Whether the suit should be struck out due to abuse of process
- Whether the purpose of the suit is already spent
- Whether the jurisdiction of the court to entertain further proceedings in the suit lapsed
Reasoning
The court has already exercised its jurisdiction through a previous ruling and cannot entertain the matter further. The purpose of the suit is already spent and sustaining the suit would cause unnecessary anxiety, trouble, and expense to the Defendants.
Outcome
The suit is struck out with costs to the 1st and 3rd defendants.
Orders
- The Plaintiffs' Suit is struck out with costs to the 1st and 3rd defendants.
Authorities cited
Legislation (4)
- Civil Procedure Act
- Arbitration Act
- Arbitration Rules
- Constitution
Cases cited (1)
- Safaricom Limited –v- Ocean View Beach Hotel Limited and 2 others (2010) eKLR
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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