Songok (As the Administrator of the Estate of Joseph Songok alias Kibitok Arap Songok - Deceased) v Tabut & 2 others (Environment & Land Case E011 of 2023) [2023] KEELC 20987 (KLR) (19 October 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 20987
- Citation
- [2023] KEELC 20987 (KLR)
- Decided
- 19 October 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPosturePreliminary Objection RaisedCoramMN MWANYALE
Holding
The Court dismissed the preliminary objection.
Facts
The Plaintiff, Emiliana Jelangat Songok, is the Administrator of the Estate of Joseph Songok alias Kibitok Arap Songok - Deceased. The Defendants are Paul Tabut, The Land Registrar, and The Surveyor, Nandi County.
Issues
- Whether the Court has original and appellate jurisdiction to deal with the matter
- Whether the Defendants have filed a defence and a preliminary objection should be pleaded in the pleadings
Reasoning
The Court held that it has original and appellate jurisdiction to deal with the matter and that the Defendants have not filed a defence, thus a preliminary objection should be pleaded.
Outcome
The preliminary objection was dismissed.
Authorities cited
Legislation (2)
- Environment and Land Court Act
- Land Registration Act
Cases cited (4)
- Charles Onchari Okoti v Safaricom and another
- Independent Electoral Boundaries Commissions v Jane Cheberengen
- Speaker of National Assembly v Njenga Karume
- Reuben Kioko Mutane v Hellen Kyunga Miriti
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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