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Monze Kivoto v David Musyoki Kilonzo [2018] KEELC 4444 (KLR)

[2018] KEELC 4444 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
4444
Citation
[2018] KEELC 4444 (KLR)
Decided
29 January 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand Registration Act, 2012PostureApplication for leave to enjoin an interested partyCoramE.C Cherono (Mr.)
Holding

The application is dismissed with costs as it is unmerited, frivolous, and lacks merit.

Facts

The defendant purchased the suit property in June 2014 and started developing it. He later obtained restraining orders concerning the property. The defendant seeks to enjoin the proposed interested party (NZAMBI MWINZI) as an interested party in the proceedings.

Issues

  1. Whether the defendant's application to enjoin the proposed interested party is merited
  2. Whether the defendant has demonstrated an interest in the proposed interested party that would help the court reach a fair and just decision

Reasoning

The defendant has not demonstrated an interest in the proposed interested party that would help the court reach a fair and just decision. The defendant has not made a reference to the proposed interested party in his statement of defence.

Outcome

Application dismissed

Orders

  • Application to enjoin the proposed interested party is dismissed

Authorities cited

Legislation (1)
  • Land Registration Act, 2012
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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