Violet Lucy Sikuku & 2 others v Martin Sikuku Wambukha & another; Knight Vutagwa Adeli & 3 others (Interested Parties) [2021] KEELC 987 (KLR)
- Court
- Environment & Land Court
- Case number
- 987
- Citation
- [2021] KEELC 987 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a final judgmentCoramBoaz N. Olao
Holding
The plaintiffs' application to set aside the final judgment and join interested parties is dismissed. The orders of inhibition on the land parcels are lifted.
Facts
The plaintiffs filed a
Issues
- Fraud allegations against defendants
- Joining of interested parties in the suit
Reasoning
The application is not premised on any provision of the law and is considered defective, frivolous, vexatious, and an abuse of the process of the court. The final judgment cannot be set aside as there is no provision in the Civil Procedure Rules for its setting aside.
Outcome
The application is dismissed and the orders of inhibition are lifted.
Orders
- The application is dismissed.
- The orders of inhibition placed upon the land parcels NO WEST BUKUSU/SOUTH MATEKA/4922 and 4926 are hereby lifted.
Remedies
- Each party to meet their own costs.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Land Registration Act
Cases cited (1)
- KENYA POWER & LIGHTING COMPANY LTD .V. BENZENE HOLDINGS LTD t/a WYCO PAINTS C.A CIVIL APPEAL No 132 of 2014 [2016 eKLR]
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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