Gecy Systems Limited v Tom Adago Opiyo & 2 others; Official Receiver & Liquidator of Credit Finance Limited & 2 others (Interested Parties) [2019] KEELC 1161 (KLR)
- Court
- Environment & Land Court
- Case number
- 1161
- Citation
- [2019] KEELC 1161 (KLR)
Summary at a glance
TypeAction to Set Aside JudgmentPostureApplication to set aside judgmentCoramAnyara Emukule, Sopinka
The judgment is set aside due to errors and omissions in the record
Facts
Terrazzo Enterprises Ltd was registered as the owner of LR NO. 4242/47, but was not made a party to the suit and was not heard before judgment was given.
Issues
- Registration of property
- Participation of parties
- Due diligence
Reasoning
The court found that Terrazzo Enterprises Ltd was the registered owner of the property, but was not a party to the suit and was not heard before judgment.
Outcome
Judgment set aside
Orders
- Review and set aside the judgment
- Terrazzo Enterprises Ltd was registered proprietor well before the transaction
Remedies
- Review and set aside the judgment
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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