Richard Karugu v Daivi Kiprotich Arap Too [2021] KEELC 3836 (KLR)
- Court
- Environment & Land Court
- Case number
- 3836
- Citation
- [2021] KEELC 3836 (KLR)
- Decided
- 24 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for leave to file a civil suitCoramN.A. MATHEKA
Holding
The application is frivolous and vexatious and dismissed with no orders as to costs.
Facts
The applicant seeks leave to file a civil suit for eviction of the respondent from land parcel Kakamega/Sergoit/44, which was legally registered in the name of Wilson Kingori Wamburi (deceased) in 1979. The respondent filed several frivolous suits against the deceased and later transferred the property into his name.
Issues
- Whether the application is res judicata or sub judice
- Whether the application is frivolous and vexatious
Reasoning
The court found the application frivolous and vexatious based on the provisions of Section 6 and 7 of the Civil Procedure Act, as the matter has been litigated elsewhere and the applicant is seeking to sneak in an application to be granted leave irregularly.
Outcome
Dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act 2010
- Civil Procedure Rules 2010
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.
Loading judgment…