Samuel Njeru M’uthi & another v Depak Kamani & 7 others; Ye Land Company Limited (Proposed Intereested Party) [2021] KEELC 428 (KLR)
- Court
- Environment & Land Court
- Case number
- 428
- Citation
- [2021] KEELC 428 (KLR)
The court dismissed the applications, finding that the applicant did not demonstrate a prima facie case and that the applicant would not suffer injury that cannot be compensated in damages.
Facts
Zara Properties Limited and Zamina Limited filed applications seeking a review of a previous ruling dismissing their defenses in ELC cases 69 of 2015 and 92 of 2015. The rulings were against Zara Properties Limited and Zamina Limited, respectively.
Issues
- Whether the court made a mistake in finding that Zara Properties Limited was not the applicant in the cases.
- Whether the court's findings were contradictory to the pleadings, law, and the decision in the Court of Appeal.
Reasoning
The court ruled that the applicant did not meet the threshold for grant of review due to lack of error on the face of the record. The court also noted that the applicant's application cannot be granted as it would mean evicting the 3rd defendant from the suit property.
Outcome
The applications were dismissed with costs.
Orders
- The Notice of Motion dated 27th October 2020 is dismissed with costs to the 3rd Defendant in ELC 92 of 2015.
- The Notice of Motion dated 14th December 2020 is dismissed with costs to the Plaintiff in ELC 69 of 2015 and the 3rd Defendant in ELC 92 of 2015.
Authorities cited
Cases cited (2)
- Mrao Vs First American Bank of Kenya Ltd & 2 Others (2003) eKLR
- Nguruman Limited Vs Jande Bonde Nielson & 2 others (20140 eKLR)
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