Odiero & 3 others (Being officials and t/a Jesus Victory Ministry International) v Schmis & 2 others (Environment & Land Case E017 of 2023) [2024] KEELC 3720 (KLR) (24 April 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3720
- Citation
- [2024] KEELC 3720 (KLR)
- Decided
- 24 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEvictionPostureApplication for eviction and strike out of further originating summonsCoramN.A. MATHEKA
Holding
The application is dismissed as there are triable issues in the case and the jurisdiction to strike out pleadings is to be exercised with utmost caution and sparingly.
Facts
Plaintiffs claim continuous, exclusive, and uninterrupted possession of plots No 7778/11/MN and plot No 7779/11/MN for 12 years. Defendants claim the plaintiffs are tenants and cannot apply for adverse possession.
Issues
- Whether the plaintiffs are tenants or owners of the plots.
- Whether the plaintiffs have been in continuous possession for 12 years.
- Whether the plaintiffs are in rent arrears.
Reasoning
The court finds that the plaintiffs have raised a prime facie case and there are triable issues in the case. The application is not merited.
Outcome
Application dismissed
Orders
- Order to be struck out or amended any pleading on the ground that it discloses no reasonable cause of action or defence in law.
- Order to be stayed or dismissed or judgment to be entered accordingly, as the case may be.
Remedies
- Costs to be in the cause.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Order 36, Rules 1 and 2
- Order 2 Rule 15 (1) (b) and (d) Order 51 of the Civil Procedure Rules
Cases cited (1)
- D.T. Dobie & Company (Kenya) Ltd. v Muchina (1982) KLR 1
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…