Paragon Electronics Limited & another v I&M Bank Limited (aka Investment And Mortgage Bank); Velos Enterprises Limited & 2 others (Interested Parties) (Environment & Land Case E315 of 2022) [2023] KEELC 20834 (KLR) (16 October 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 20834
- Citation
- [2023] KEELC 20834 (KLR)
- Decided
- 16 October 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial judgmentCoramJO MBOYA, Karibu-whytie, Kuloba, Mohomad, Oputa
Holding
The court finds that the suit was lodged before a court without the requisite jurisdiction and is hereby struck out.
Facts
Paragon Electronics Limited and others filed a suit against I&M Bank Limited and others, seeking declarations and orders regarding a charge over property and the sub-division of the property.
Issues
- Whether the court has the requisite jurisdiction to entertain the suit.
- Whether the suit is barred by Section 34 of the Civil Procedure Act.
- Whether the suit is statute barred by Section 4(1) of the Limitation of Action Act.
- Whether the suit constitutes due process.
- Whether the suit is prohibited by the Doctrine of Res-Judicata.
Reasoning
The court determined that the suit was filed before a court without the necessary jurisdiction and that the issues raised were not properly adjudicated in a previous case.
Outcome
The suit is struck out.
Orders
- The suit is struck out.
- Costs are awarded to the Interested Parties.
- No costs are awarded to the Defendant.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Limitation of Action Act
Cases cited (1)
- Departed Asians Property Custodian Board v Japher Brothers Ltd
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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