Paul Mwaura Mwangi v Stephen Kameri [2020] KEELC 3760 (KLR)
- Court
- Environment & Land Court
- Case number
- 3760
- Citation
- [2020] KEELC 3760 (KLR)
- Decided
- 30 January 2020
Summary at a glance
TypeCivilPostureAppeal from a previous orderCoramL.
The court finds merit in the application and reviews and sets aside the previous order pending the hearing and determination of the suit.
Facts
Paul Mwaura Mwangi and Stephen Kameri are involved in two consolidated cases. Mwangi filed a notice of motion seeking to review and set aside a previous order dismissing his case. Kameri opposed the motion.
Issues
- Whether the previous order dismissing Mwangi's case was valid
- Whether the current application for review and setting aside of the order is merited
Reasoning
The court found that the application was heard exparte and that the applicant was not heard on the application. The issue of ownership is still alive and the court will reach a determination on who owns the suit property.
Outcome
The previous order is reviewed and set aside pending the hearing and determination of the suit.
Orders
- The previous order is reviewed and set aside pending the hearing and determination of the suit
Remedies
- The costs of the application are to abide the outcome of the main suit
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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