Simon Waruingi Kamau & another v Jackson Marichu Kamau & another [2021] KEELC 2582 (KLR)
- Court
- Environment & Land Court
- Case number
- 2582
- Citation
- [2021] KEELC 2582 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a lower court decisionCoramJ G KEMEI
Holding
The Court allows the application on condition that the Applicants pays throw away costs in the sum of Kshs 15,000/- payable to the Respondents.
Facts
The Plaintiffs/Applicants filed a suit against the Defendants/Respondents regarding the equal shares of the property known as LOC19/KIWAMBOGO/804, which was held in trust by the 2nd Respondents on behalf of the Plaintiffs/Applicants and their siblings.
Issues
- Whether the 1st Applicant is entitled to equal shares of the property
- Whether the Court should allow the parties to proceed by way of viva voce evidence
Reasoning
The Court finds the application frivolous and an abuse of the process of the Court, and the Applicants are in default of compliance with the Court orders.
Outcome
Appeal allowed
Orders
- Allow the parties to proceed by way of viva voce evidence
- Order the Applicants to pay throw away costs in the sum of Kshs 15,000/-
Remedies
- Throw away costs in the sum of Kshs 15,000/-
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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