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Yegon v Rono (Environment & Land Case 5 of 2016) [2023] KEELC 20880 (KLR) (19 October 2023) (Ruling)

[2023] KEELC 20880 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
20880
Citation
[2023] KEELC 20880 (KLR)
Decided
19 October 2023
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeCivilPostureAppeal from a previous judgmentCoramMC OUNDO
The court found that the firm of M/S Bor & Company Advocates did not properly come on record and ordered an order of stay of execution.

Facts

The Plaintiff filed a suit against the Defendant, seeking cancellation of the registration of the Plaintiff's land parcel and eviction. The Defendant filed a counter-claim, and the court dismissed the Plaintiff's suit and found in favor of the Defendant.

Issues

  • Whether the firm of M/S Bor & Company Advocates is properly on record.
  • Whether an order of stay of execution should be issued.
  • Whether the Respondent is in contempt of court orders.

Reasoning

The court ruled that the firm of M/S Bor & Company Advocates did not comply with the provisions of Order 9 Rule 9 of the Civil Procedure Rules by coming on record without seeking leave of court.

Outcome

The court dismissed the Plaintiff's Application.

Orders

  • Order of stay of execution

Authorities cited

Legislation (2)
  • Civil Procedure Rules
  • Civil Procedure Act
Cases cited (2)
  • S. K. Tarwadi vs Veronica Muehlmann
  • Lalji Bhimji Shangani Builders & Contractors vs City Council of Nairobi
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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