Onyango v Lessonet & another (Environment & Land Case E02 of 2020) [2023] KEELC 16280 (KLR) (16 March 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 16280
- Citation
- [2023] KEELC 16280 (KLR)
- Decided
- 16 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPosturePlaintiff's Preliminary Objection to the Defendant's ReplyCoramL. A. OMOLLO
Holding
The Defendant's Reply remains on record in the interest of justice.
Facts
The Plaintiff filed an Originating Summons on October 23, 2020, and amended it on May 27, 2022. The Plaintiff seeks a declaration and orders regarding adverse possession and registration of land.
Issues
- Whether the Defendant's Reply should be expunged from the record
Reasoning
The court considers the Defendant's Reply to be properly filed and serves it on the Plaintiff. The Plaintiff's objection is dismissed.
Outcome
Plaintiff's Preliminary Objection dismissed.
Orders
- Defendant's Reply deemed as duly filed
- Defendant's Reply served on Plaintiff within 7 days
- Plaintiff at liberty to file response within 14 days
- Costs of preliminary objection to be determined in the final suit
Authorities cited
Cases cited (2)
- Nicholas Kiptoo Arap Korir Salat v. Independent Electoral and Boundaries Commission & 6 Others [2013] eKLR
- Githere v. Kimungu [1976 - 1985] E.A. 101
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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