Timamy & 3 others v Rashid & 17 others (Environment & Land Case 238 of 2014) [2025] KEELC 4056 (KLR) (22 May 2025) (Ruling)

Summary at a glance

Facts

The plaintiffs sued 18 defendants for a house without land on plot 860 Section 1/MN, which was said to belong to the estate of the late Issa Suleiman and the late Rashid Mohamed. The defendants were awarded costs, and the plaintiffs and objectors filed objection proceedings.

Issues

• Whether the objectors are entitled to the reliefs sought in the application.
• Who shall bear the costs of the application.

Reasoning

The court finds that the objectors' grounds are unusual and that the plaintiffs were represented and notified of the taxation proceedings. The court holds that the objectors failed to prove their claim over the house.

Outcome

The objectors' application is dismissed with costs awarded to the 9th, 10th, and 13th defendants.

Orders

• The objectors' application is dismissed.
• The 9th, 10th, and 13th defendants are awarded costs of the application.

Remedies

• Costs awarded to the 9th, 10th, and 13th defendants.

Authorities cited