Oiyie v Oiyie (Environment and Land Miscellaneous Application E012 of 2022) [2023] KEELC 16901 (KLR) (25 April 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 16901
- Citation
- [2023] KEELC 16901 (KLR)
- Decided
- 25 April 2023
Summary at a glance
TypeMiscellaneous ApplicationPostureRespondent's Preliminary Objection to Applicant's Notice of MotionCoramCG MBOGO, Further Sir Charles Nebbold, Justice, Kimaru
The court found that the respondent's preliminary objection was not a valid preliminary objection as it did not raise a pure point of law and did not stem from the pleadings.
Facts
The applicant, Phyllis Wangui Oiyie, claims to be the registered and absolute owner of two plots of land in Narok Town, while the respondent, Mary Wangui Oiyie, claims to have been legally allocated the same properties by the court.
Issues
- Whether the application has merit
- Whether the notice of preliminary objection ought to be upheld
Reasoning
The court determined that the respondent's preliminary objection was not a valid preliminary objection as it did not raise a pure point of law and did not stem from the pleadings.
Outcome
The application was not dismissed.
Authorities cited
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