John Muikambi Gitau v Trustees Caritas Mariana Holy Family Children’s Home, Thika & another [2020] KEELC 2812 (KLR)
- Court
- Environment & Land Court
- Case number
- 2812
- Citation
- [2020] KEELC 2812 (KLR)
- Decided
- 7 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureApplication to suspend time of filing defence and hearing, to visit site, and to call for retrieval of fileCoramL. GACHERU
Holding
The application is dismissed with costs to the Plaintiff/Respondent.
Facts
The Plaintiff claimed ownership of land parcel No. Block 23/1108, Thika Municipality, purchased from Daniel Wainaina Kang’onga in 2002. The 1st and 2nd Defendants encroached on the land and issued a demand letter for vacant possession.
Issues
- Ownership of the land parcel
- Suspension of time of filing defence and hearing
- Visit to the site
- Retrieval of file in Nairobi Succession Cause No. 2592 of 2005
Reasoning
The court finds the Plaintiff's claim raises triable issues and has a reasonable cause of action. The Defendants have not filed their Defence, and the court finds no reason to suspend hearing of the suit.
Outcome
The application is dismissed with costs to the Plaintiff/Respondent.
Orders
- Time of filing defence and hearing be suspended
- Court be pleased to visit the site
- Court be pleased to call for retrieval of the file in Nairobi Succession Cause No. 2592 of 2005
Authorities cited
Legislation (1)
- Civil Procedure Act 2010
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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