John A Karoli & 3 others v Joseph C Makamu [2021] KEELC 2540 (KLR)
- Court
- Environment & Land Court
- Case number
- 2540
- Citation
- [2021] KEELC 2540 (KLR)
- Decided
- 21 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for review of court proceedings and judgment, seeking urgent orders and refraining ordersCoramN.A. MATHEKA, presiding judge
Holding
The application is dismissed with costs as the plaintiffs have failed to show any mistake or error on the part of the court.
Facts
The plaintiffs claim that the defendant fraudulently obtained a title deed and transferred land to himself, and sold a portion of the land to the plaintiffs' father. The plaintiffs are seeking to file succession proceedings and are concerned about the defendant's access to the land.
Issues
- Whether the application for review of court proceedings and judgment is available in law
- Whether the plaintiffs have shown any mistake or error on the part of the court
Reasoning
The court found that the plaintiffs have not shown any mistake or error on the part of the court, and their recourse was to file an appeal. The court dismissed the application.
Outcome
Application dismissed with costs
Authorities cited
Legislation (2)
- Civil Procedure Act, Cap. 21 Laws of Kenya
- Civil Procedure Rules
Cases cited (4)
- Kwame Kariuki & Another vs. Mohamed Hassan Ali & 4 Others (2014) eKLR
- Mwihoko Housing Company Limited vs Equity Building Society (2007) 2 KLR 171
- Rose Kaiza Vs Angelo Mpanju Kaiza 2009
- National Bank of Kenya vs Ndungu Njau (1996) 2 KLR 102
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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