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Peter Kuria Kimondo v Edward M. M. Tenga & another [2021] KEELC 2290 (KLR)

[2021] KEELC 2290 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
2290
Citation
[2021] KEELC 2290 (KLR)
Decided
22 July 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureNotice of Motion to have the suit heard by a different judgeCoramL. KOMINGOI
Holding

The application is dismissed with costs to the plaintiff and the 2nd defendant.

Facts

Plot No. A Kahawa West was an amalgamation of Plot Nos S25, S26, S27 and S28 Kahawa West Phase II. The 1st defendant/applicant had previously been heard in ELC Civil Suit No. 25 of 2007.

Issues

  1. Whether the application to have the suit heard by Justice Bor is merited.
  2. Whether the application is an abuse of the court process.

Reasoning

The application is dismissed as it is an abuse of the court process and seeks to delay the finalization of the matter.

Outcome

Dismissed

Orders

  • The application is dismissed with costs to the plaintiff and the 2nd defendant.

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules
Cases cited (8)
  • Telcom Kenya Ltd vs John Ochanda (suing on his behalf and on behalf of 996 former employees of Telcom Kenya Ltd)
  • Brian Muchiri Waihenya vs Jubilee Hauliers Ltd & Another
  • Menginya Salim Murgani vs Kenya Revenue Authority
  • Invesco Assurance Co. Ltd vs Kinyanjui Njuguna & Co. Advocates & Another
  • Agnes Muthoni Nyanjui & 2 Others vs Annah Nyambura Kioi & 3 Others
  • Barclays Bank of Kenya Ltd vs Elizabeth Agidza & 2 others
  • Esther Anyango Matete vs Eunice Shikaka Amwayi
  • Albert Chaurembo Mumba & 7 Others vs Maurice Munyao & 148 others
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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