Okello v Kairu Enterprises Limited (Environment and Land Case Civil Suit 617 of 2005) [2023] KEELC 20225 (KLR) (28 September 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 20225
- Citation
- [2023] KEELC 20225 (KLR)
- Decided
- 28 September 2023
Summary at a glance
TypeCivil SuitPostureAppeal from an original trialCoramHavelock, Hayanga, Hon., JO MBOYA
The Application is dismissed with costs
Facts
The Plaintiff entered into an Agreement for sale with the Defendant in 1992, and made payments towards the purchase price. Despite these payments, the Defendant has not provided the requisite completion documents for transfer and registration.
Issues
- Whether the annexures attached to the supporting affidavit are compliant with Rule 9 of the Oaths and Declaration Rules
- Whether the Plaintiff has met the threshold set by Order 25 Rule 5 of the Civil Procedure Rules for Compromise
- Whether the Application was made without unreasonable and inordinate delay
Reasoning
The annexures were not properly sealed as required by Rule 9, and the Plaintiff failed to comply with procedural rules. The Court found the Plaintiff's failure to be deliberate and dismissed the Application.
Outcome
Dismissed with costs
Orders
- Application dismissed with costs
Authorities cited
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