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Bhavasar Andandkumar t/a Sarax Enterprises v Beiloilco Holdings Limited, Registrar of Titles Mombasa, OCS Kilifi, Attorney General & Koceyo O Titus (Environment & Land Case 23 of 2017) [2021] KEELC 4297 (KLR) (19 February 2021) (Ruling)

[2021] KEELC 4297 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
4297
Citation
[2021] KEELC 4297 (KLR)
Decided
19 February 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous orderCoramJ.O. OLOLA
Holding

The application is dismissed with costs to the 1st Respondent.

Facts

Koceyo O. Titus filed a Notice of Motion seeking to review an order and stay costs, alleging he was not made a party to the proceedings.

Issues

  1. Whether the Aggrieved Person/Applicant can make an application even though he has never been made a party to the suit.
  2. Whether the Applicant can participate in the proceedings after being instructed to take over the conduct of the matter by another law firm.

Reasoning

The court found the application misconceived and without basis, as the Applicant was not made a party to the proceedings and the order was not unsupported.

Outcome

Appeal dismissed

Orders

  • The application is dismissed with costs to the 1st Respondent.
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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