Ogoi v Mogoi (Miscellaneous Application E226 of 2021) [2022] KEELC 12813 (KLR) (30 September 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 12813
- Citation
- [2022] KEELC 12813 (KLR)
- Decided
- 30 September 2022
Summary at a glance
TypeMiscellaneous ApplicationPostureApplicant seeks eviction order and security from respondent.CoramO.A. ANGOTE
The application is struck out with costs.
Facts
The applicant, Beatrice Bosibori Ogoi, claims ownership of Nairobi Block 82/3646 land, purchased from her then husband, the respondent, Tom Ogenche Mogoi. The respondent disputes this ownership and has previously sued the applicant in ELC Civil case 310 of 2010, which was dismissed.
Issues
- Sub judice and res judicata
- Time bar
- Defectiveness of the application
Reasoning
The court held that the applicant's eviction notice cannot be used as a basis for a miscellaneous application and that the application is not merited.
Outcome
Struck out with costs
Authorities cited
⚠ 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.
Loading judgment…