Sylvester Kyalo Mutua & another v Felix Mulwa Munyalo & another [2020] KEELC 2264 (KLR)
- Court
- Environment & Land Court
- Case number
- 2264
- Citation
- [2020] KEELC 2264 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeReview of JudgmentPostureApplication for review of judgment dismissedCoramO.A. ANGOTE
Holding
The application is dismissed with costs.
Facts
The Plaintiff filed a suit against the 2nd Defendant, alleging a boundary dispute. The 2nd Defendant argued that the suit should be struck out as the Plaintiffs did not exhaust the jurisdiction of the Land Registrar and the suit was not properly framed.
Issues
- Whether there are grounds for the court to grant an order of review.
- Whether the applicant is entitled to the orders sought in the application.
Reasoning
The court found that the issues raised in the application were not raised during the hearing and that the court was not in error on the face of the record. The court also noted that the applicant did not take steps to notify the court of the issues he was raising.
Outcome
Application dismissed
Orders
- Application dismissed with costs.
Authorities cited
Legislation (4)
- Civil Procedure Act
- Civil Procedure Rules
- Land Registration Act
- Order 45 of the Civil Procedure Rules
Cases cited (1)
- Nyamogo & Nyamogo Advocates vs. Kago (2001) 2 EA 173
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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