Benard Kibet Rono (Suing as the legal representative of the Estate of the late Eunice Chepngetich Ngasura (Deceased) v Tapnyobii Chebii Ngasura & another [2020] KEELC 3795 (KLR)
- Court
- Environment & Land Court
- Case number
- 3795
- Citation
- [2020] KEELC 3795 (KLR)
- Decided
- 6 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous judgmentCoramA. K. KANIARU
Holding
The application is dismissed with costs.
Facts
The plaintiff, Benard Kibet Rono, is the legal representative of the estate of the late Eunice Chepngetich Ngasura. The defendants, Tapnyobii Chebii Ngasura and Philemon Rotich alias David, are the applicants in the motion on notice.
Issues
- Process of execution
- Service of notice
- Conflicts of interest
- Legal basis of the application
Reasoning
The application is dismissed as ill-conceived and brought under a myriad of provisions not applicable to the case. The application was also brought under provisions for constitutional petitions, which are not relevant to the ordinary suit.
Outcome
Dismissed
Authorities cited
Legislation (3)
- Civil Procedure Act (cap 21)
- Civil Procedure Rules, 2010
- Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013
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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