Obuyu v Mbithi & another (Environment & Land Case E008 of 2022) [2023] KEELC 21024 (KLR) (25 October 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 21024
- Citation
- [2023] KEELC 21024 (KLR)
- Decided
- 25 October 2023
Summary at a glance
TypePreliminary ObjectionPosturePreliminary Objection to Originating SummonsCoramNYUKURI
The court finds that the scope of the suit is outside the purview of Order 37 Rule 3 of the Civil Procedure Rules and that the Plaintiff does not fall within the ambit of claimants provided in Order 37 Rule 3.
Facts
The Plaintiff, Obuyu, claims to have purchased the suit property from the 2nd Defendant, Mbukoni Holdings Limited, and seeks to have the property transferred to him. The 1st Defendant, Mbithi, argues that the Plaintiff is not a vendor or purchaser and that the suit is not within the ambit of Order 37 Rule 3 of the Civil Procedure Rules.
Issues
- Whether the Preliminary Objection is merited?
- Who should bear the costs of the Application?
Reasoning
The court considers the Notice of Preliminary Objection and the submissions by counsel. It determines that the Plaintiff's suit is not within the provisions of Order 37 Rule 3, as the Plaintiff is not a vendor or purchaser and no requisition or objection has been made in regard to the contract of sale.
Outcome
The court dismisses the Preliminary Objection.
Authorities cited
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