Tuva v Mwangovya (Environment & Land Case 314 of 2017) [2023] KEELC 19131 (KLR) (25 July 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 19131
- Citation
- [2023] KEELC 19131 (KLR)
- Decided
- 25 July 2023
Summary at a glance
TypeLand DisputePostureAppeal from an original trial judgmentCoramN.A. MATHEKA
The court set aside the previous judgments and orders, substituted Maurine Munyazi Mwangovya to represent the estate of the defendant, and ordered the matter to be heard afresh.
Facts
The plaintiff, Samson Sulubu Tuva, sought an injunction to restrain the defendant, Joseph Paul Mwangovya, from disposing of a property known as Plot No. Mombasa/MN/1/9112. The plaintiff also sought to set aside previous judgments and orders related to the property.
Issues
- Injunction to restrain disposal of the property
- Setting aside previous judgments and orders
- Revocation of provisional certificate
- Cancellation of provisional certificate
- Issuance of title deed to the original owner
- Striking out the suit
Reasoning
The court found the previous judgments and orders to be flawed and ordered them to be set aside. The court also substituted the representative of the defendant's estate and ordered the matter to be heard afresh.
Outcome
Appeal successful
Orders
- Setting aside the previous judgments and orders
- Substituting Maurine Munyazi Mwangovya to represent the estate of the defendant
- Ordering the matter to be heard afresh
Remedies
- Substitution of representative
- Rehearing of the matter
Authorities cited
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