Rashid Silvanus Mwamuye & 36 others v Jubilee Jumbo Hardwares Limited & 3 others [2021] KEELC 618 (KLR)
- Court
- Environment & Land Court
- Case number
- 618
- Citation
- [2021] KEELC 618 (KLR)
- Decided
- 2 December 2021
Summary at a glance
TypeLand DisputePostureAppeal and Motion for InjunctionCoramJ. O. OLOLA, Mrs. Nyange
The suit and the application are struck out as the Plaintiffs have not applied to be made a party to the Kilifi case and have not applied for the orders to be set aside and/or varied.
Facts
The Plaintiffs discovered that the 2nd, 3rd, and 4th Defendants recorded a consent over the suit property in Kilifi ELC No. 37 of 2020, which they claim will evict them. The Plaintiffs have been in occupation of the property for 15 years.
Issues
- Whether the Plaintiffs are bound by the order issued in the subordinate court at Kilifi
- Whether the Plaintiffs can challenge the orders issued in the subordinate court through the backdoor
Reasoning
The Plaintiffs were aware of the Kilifi case but did not apply to be made a party or challenge the orders in the subordinate court. They are challenging the orders through the backdoor.
Outcome
The suit and the application are struck out.
Orders
- The suit herein and the Motion dated 18th February, 2021 are struck out.
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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