Teresia Njoki Gichuki v Pauline Kanyiru Gichu & 2 others [2021] KEELC 3959 (KLR)
- Court
- Environment & Land Court
- Case number
- 3959
- Citation
- [2021] KEELC 3959 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Principal Magistrate C.A Otieno OmondiCoramHON. LUCY N. MBUGUA, HON. LUCY GACHERU
Holding
The appeal is dismissed with costs to the respondent for non-compliance with the orders of 4.9.2020.
Facts
The appellant, Teresia Njoki Gichuki, was sued by the 1st respondent, Pauline Kanyiru Gichu, for destroying the 1st respondent's materials and constructing a building on the disputed plot. The appellant also filed a counter-claim for the same plot.
Issues
- The trial court's judgment on contribution and indemnity vis-à-vis third-party proceedings
- The trial court's failure to take cognizance of the appellant's pleadings regarding the third parties
Reasoning
The court found that the appellant did not file submissions and did not appear in court, leading to the dismissal of the appeal.
Outcome
Appeal dismissed
Orders
- The appeal is hereby admitted for hearing
- The appellant to file and serve their submissions within 14 days (by 21.9.2020)
- The respondent to file and serve their submissions thereafter by 19.10.2020
- The matter to be mentioned before the DR on 21.10.2020 to confirm the filing of submissions
- In the event of non-compliance on the part of the appellant the appeal shall stand as DISMISSED
- In the event of non-compliance on the part of the respondent the documents/submissions filed by the said respondent shall stand as expunged
- The file thereafter to be transmitted to Judge Mbugua for the writing of the judgment
- Judgment shall be delivered on NOTICE
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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