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James Mutugi Mwithi v Dedan Mugo Mwangi [2019] KEELC 3210 (KLR)

[2019] KEELC 3210 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3210
Citation
[2019] KEELC 3210 (KLR)
Decided
27 May 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for review of orderCoramNdegwa, Stephen Kaai Mugambi, P.M. NJOROGE
Holding

The court finds merit in the application and allows the plaintiff to name the defendant as Dedan Mugo Mwangi.

Facts

The plaintiff, James Mutugi Mwithi, sought to review an order issued on 8th April, 2019, which named the defendant as Daniel Mugo Mwangi instead of Dedan Mugo Mwangi.

Issues

  1. Error in naming the defendant
  2. Prejudice to the defendant

Reasoning

The court ruled that there was an error on the face of the record and that the application was made without unreasonable delay, thus allowing the plaintiff to correct the error.

Outcome

The order is reviewed and the defendant is named as Dedan Mugo Mwangi.

Orders

  • Order to review the order issued on 8th April, 2019

Remedies

  • Allowing the plaintiff to name the defendant as Dedan Mugo Mwangi

Authorities cited

Legislation (2)
  • Limitation of Actions Act
  • Civil Procedure Rules
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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