Mary Vande & 2 others v Jane Anyanga [2020] KEELC 3067 (KLR)
- Court
- Environment & Land Court
- Case number
- 3067
- Citation
- [2020] KEELC 3067 (KLR)
- Decided
- 16 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for review of judgmentCoramN.A. MATHEKA
Holding
The court dismissed the application, finding no mistake or error on the face of the record and no sufficient reason for review.
Facts
The plaintiffs/applicants sought to set aside a judgment striking out their suit and the consequential orders, claiming new information and documentary evidence was not available at the time of the case hearing.
Issues
- Whether the court's decision to strike out the plaintiffs' suit was erroneous
- Whether the court's decision to strike out the plaintiffs' suit was based on insufficient evidence
Reasoning
The court ruled that the application was not merited and dismissed it with no orders as to costs, citing the Civil Procedure Act and previous court decisions.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act, Cap. 21 Laws of Kenya
- Order 45, Rule 1 of the Civil Procedure Rules
Cases cited (3)
- Kwame Kariuki & Another Vs. Mohamed Hassan Ali & 4 Others (2014) eKLR
- Mwihoko Housing Company Limited Vs Equity Building Society (2007) 2 KLR 171
- Rose Kaiza Vs Angelo Mpanju Kaiza (2009)
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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