Gerald Mwithia v Meru University of Science & Technology [2021] KEELC 747 (KLR)
- Court
- Environment & Land Court
- Case number
- 747
- Citation
- [2021] KEELC 747 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for quantity surveyor's report and production of a mapCoramHON. C.K. NZILI, Mwirigi Kaburu, Nyamu Nyaga
Holding
The applications are dismissed with no order as to costs.
Facts
The plaintiff, Gerald Mwithia, sought a quantity surveyor to assess restoration works on the suit land, while the defendant, Meru University of Science & Technology, opposed the application.
Issues
- Whether the application for quantity surveyor's report and production of a map falls within Section 34 of the Civil Procedure Act
- Whether the application seeks to re-open a determined case
Reasoning
The court found the applications seek to re-open a determined case and are outside the jurisdiction of the court, as the judgment has been executed over 12 years and no appeal or review was made.
Outcome
Dismissed with no order as to costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Limitation of Actions Act
Cases cited (4)
- Abdi Mohammed Noor v County Government of Turkana & Another
- Menyinga Salim Murgani v Kenya Revenue Authority
- M’Ikiara M’Rinkanya & Another v Gilbert Kabere M’Mbijiwe
- Koinange Investment & Development Co. Ltd v Ian Kahiu Ngethe & 3 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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