Joseph Mithamo Kariuki & another v Nelson Kinyua Muiga & 4 others [2021] KEELC 3878 (KLR)
- Court
- Environment & Land Court
- Case number
- 3878
- Citation
- [2021] KEELC 3878 (KLR)
- Decided
- 24 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for review, setting aside or variation of orders made on 30th July, 2018CoramPresiding Judge
Holding
The court denies the Defendants' application as they have not made out a case for review, setting aside or variation of the orders made on 30th July, 2018.
Facts
The Defendants applied to review, set aside or vary the orders made on 30th July, 2018, claiming an inadvertent mistake in the advocacy and court clerk's decision to close the case. The Plaintiffs opposed the application, arguing it was a delaying tactic.
Issues
- Whether the Defendants have made out a case for review, setting aside or variation of the orders made on 30th July, 2018.
- If the answer to (a) above is in the affirmative, on what terms should the orders be granted?
- Who shall bear the costs of the application
Reasoning
The court found that the Defendants' conduct was deliberate and inexcusable, and their application was a delaying tactic.
Outcome
The application is dismissed.
Authorities cited
Legislation (1)
- Civil Procedure Act (Cap 21)
Cases cited (5)
- Patel v. E.A Cargo Handling Services Ltd
- Spring Dew Properties Limited v National land Commission & Another
- Shah v Mbogo & Another
- Belinda Murai & 9 Others vs. Amos Wainaina
- Hussein Janmohamed & Sons v Twentsche Overseas Trading Co. Ltd
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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