Shah v Mbugua & 32 others (Civil Suit 215B of 2018) [2022] KEELC 3892 (KLR) (21 July 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3892
- Citation
- [2022] KEELC 3892 (KLR)
- Decided
- 21 July 2022
Summary at a glance
TypeApplication to set aside judgmentPostureApplication to set aside interlocutory and final judgmentsCoramMUNYAO SILA
The application is struck out with costs to the plaintiff.
Facts
The plaintiff filed an application to set aside an interlocutory judgment and a final judgment entered on April 11, 2012, and March 28, 2019, respectively. The application was filed by the defendants through the law firm of Mwaniki Gitau & Company Advocates.
Issues
- No service of summons
- Erroneous service of subsequent notices
- Non-compliance with Order 9 Rule 9 of the Civil Procedure Rules, 2010
Reasoning
The application was filed by a stranger and there is no need to consider its merits. The court found that the application was not filed in compliance with Order 9 Rule 9 of the Civil Procedure Rules, 2010.
Outcome
Struck out
Orders
- Application struck out
Authorities cited
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