Michael Kipkorir Maina & another v Stephen Kipkorir Ruto [2021] KEELC 1911 (KLR)
- Court
- Environment & Land Court
- Case number
- 1911
- Citation
- [2021] KEELC 1911 (KLR)
- Decided
- 29 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous judgmentCoramS. M. KIBUNJA
Holding
The defendant's notice of motion is dismissed with costs to the plaintiffs.
Facts
The defendant filed a notice of motion alleging that the plaintiffs' suit is scandalous, frivolous, or vexatious and seeks to strike the suit with costs. The plaintiffs claim that the suit land was allocated to the 1st plaintiff in 1990 and sold to the 2nd plaintiff in 2011.
Issues
- Whether the plaintiffs' suit is scandalous, frivolous, or vexatious.
- Whether the defendant's notice of motion should be allowed to withdraw the application.
Reasoning
The court found that the defendant's notice of motion was not well-founded and that the defendant's counsel was not properly on record.
Outcome
Appeal dismissed
Orders
- Defendant's notice of motion is dismissed with costs to the plaintiffs.
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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