Board of TrusteesFull Gospel Churches of Kenya v Commissioner of Lands, Attorney General & Good News Church of Africa [2021] KEELC 1757 (KLR)
- Court
- Environment & Land Court
- Case number
- 1757
- Citation
- [2021] KEELC 1757 (KLR)
- Decided
- 1 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeReal Property DisputePostureAppeal from a final judgment, application for stay and set aside of the judgmentCoramO. A. ANGOTE
Holding
The 3rd Defendant's Application is dismissed with costs, except for allowing the 3rd Defendant's current advocate to come on record in terms of prayer number one.
Facts
The 3rd Defendant, Good News Church of Africa, failed to file witness statements and documents as required by the law, despite being given multiple opportunities to do so. The suit was finally certified as ready for hearing more than 15 years after the 3rd Defendant filed its Defence.
Issues
- Whether the 3rd Defendant's application for stay and set aside of the judgment should be granted
- Whether the 3rd Defendant's advocate should be allowed to come on record in place of Manthi Masika & Co Advocates
Reasoning
The 3rd Defendant was not ready to defend the suit, having not filed witness statements and documents as required by law, and having taken away its file from its previous advocate.
Outcome
Appeal dismissed
Orders
- The 3rd Defendant's Application is dismissed with costs
- The 3rd Defendant's current advocate is allowed to come on record in terms of prayer number one
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order 11 of the Civil Procedure Rules
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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