Wafulai v Lusindalo (Environment and Land Case Civil Suit 102 of 2013) [2024] KEELC 3413 (KLR) (8 April 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3413
- Citation
- [2024] KEELC 3413 (KLR)
- Decided
- 8 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous judgmentCoramDAVID KAYAJA WAFULAI, FO NYAGAKA, Mativo
Holding
The court found the application merited and granted the plaintiff's request to review the court's previous judgment.
Facts
The plaintiff, David Kayajaa Wafulai, filed a civil suit against the defendant, Joseph Khalea Lusindalo, regarding a mutation form. The plaintiff sought a review of the court's previous judgment.
Issues
- Whether the application is merited
- Who should bear the costs of the application
Reasoning
The court ruled that the plaintiff's application was merited because there was a mistake on the face of the record, and the plaintiff was aggrieved by the court's previous order.
Outcome
The court granted the plaintiff's application to review the previous judgment.
Orders
- To review the court's previous judgment to the extent that no new mutation forms were drawn by the Surveyor in charge of Trans Nzoia County.
- To give effect to the mutation form complete contemplated in paragraph (b) of the judgment.
- To issue further orders as deemed fit in the interest of justice.
- To provide for the costs of the application.
Remedies
- To review the court's previous judgment.
- To give effect to the mutation form complete contemplated in paragraph (b) of the judgment.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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.
Loading judgment…