Richard Kariuki Kamwenji v Teresia Waithira Kariuki [2018] KEELC 693 (KLR)
- Court
- Environment & Land Court
- Case number
- 693
- Citation
- [2018] KEELC 693 (KLR)
- Decided
- 23 November 2018
Summary at a glance
TypeCivilPostureApplicant seeks temporary injunction against Respondent for trespassing and encroaching on landCoramL. GACHERU
Application for temporary injunction dismissed
Facts
Plaintiff bought 2 acres of land from deceased Zakaria Kimuhu in 1980 and filed suit for transfer. Judgment in favor of Plaintiff was vacated in 1983. Plaintiff placed a caution on the land in 1992.
Issues
- Validity of Plaintiff's claim
- Abuse of court process
Reasoning
Application is an abuse of the court process and serves to delay the expeditious disposal of the suit filed in 1980.
Outcome
Application dismissed
Orders
- Court file reconstructed
- Defendant to file all available pleadings within 14 days
- Pre-trial conference to be taken within 30 days
Remedies
- None
Authorities cited
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