Fredrick Wekesa Machasio & another v Wilson Webi & 7 others [2021] KEELC 4582 (KLR)
- Court
- Environment & Land Court
- Case number
- 4582
- Citation
- [2021] KEELC 4582 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgmentCoramBoaz N. Olao
Holding
The suit is res judicata and is struck out. The plaintiffs' Notice of Motion is dismissed. The parties are ordered to pursue an out-of-court settlement.
Facts
The plaintiffs, siblings of Gabriel Muma, filed a plaint seeking to register the suit land in their names, alleging that it was bequeathed to them in 1974. The defendants, including Gabriel Muma, denied the allegations and claimed the land was fraudulently trashed.
Issues
- Ownership of the suit land
- Alternative dispute resolution mechanisms
Reasoning
The plaintiffs failed to establish a prima facie case for the orders sought. The dispute is best determined through a civil suit involving the registered proprietor of the suit land, Gabriel Muma, who has not been impleaded in these proceedings.
Outcome
Struck out
Orders
- The suit is struck out
- No orders as to costs
Authorities cited
Cases cited (5)
- MATHEWS 18:15 - 17 ESV
- EXODUS 20:12
- EPHESIANS 6:4
- GIELLA .V. CASSMAN BROWN & CO LTD
- NGURUMAN LTD .V. JAN BONDE NIELSEN & OTHERS
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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