Mdigo Mbaji Chigulu v Issac Chigwado Baya [2021] KEELC 2023 (KLR)
- Court
- Environment & Land Court
- Case number
- 2023
- Citation
- [2021] KEELC 2023 (KLR)
- Decided
- 15 September 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for Injunction Striking out the Motion and the Plaintiff's SuitCoramJ.O. OLOLA
Holding
The Plaintiff's suit is struck out as it is an abuse of the court process and not in compliance with the Land Adjudication Act.
Facts
The Plaintiff claims to have been in occupation of the suit properties since 1987, while the Defendant asserts he has been in occupation since 1965. The Plaintiff has made unsuccessful attempts to sell the properties and has been evicted by the Defendant.
Issues
- Whether the Plaintiff has been in occupation of the suit properties since 1987
- Whether the Plaintiff's suit is an abuse of the court process
Reasoning
The Plaintiff's appeal to the Minister was still pending, and he could not institute the suit without obtaining the consent of the adjudication officer as per Section 30(1) of the Land Adjudication Act.
Outcome
The Plaintiff's suit is struck out with costs to the Defendant.
Orders
- Strike out the Plaintiff's suit
Authorities cited
Legislation (1)
- Land Adjudication Act, Cap 284 of the Laws of Kenya
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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