James Mathuva Makewa v Nzavi Ngului [2019] KEELC 4476 (KLR)
- Court
- Environment & Land Court
- Case number
- 4476
- Citation
- [2019] KEELC 4476 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEvictionPostureApplication for eviction dismissedCoramMBOGO C.G., Mr. Masaku holding brief for Mr. Kisongoa for the Defendant/Respondent, Ms. Nzioka – Court Assistant
Holding
The application lacks merits and is dismissed with costs to the Defendant/Respondent.
Facts
The Plaintiff/Applicant seeks eviction of the Defendant/Respondent from the suit property LR No. Makueni/Nguu/1283, formerly Plot No. 464/1283 Nguu Settlement Scheme.
Issues
- Whether the Plaintiff deserves the orders of eviction
- Whether the Applicant used the correct procedure to apply for eviction
Reasoning
The Court found that the description of the property in the judgment is different from the description in the Title deed, and that eviction was not one of the prayers sought in the original plaint.
Outcome
Dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules, 2010
Cases cited (1)
- Gulam Miriam Noordin vs. Julius Charo Karisa [2015] 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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