ROBERT EZEKIEL CHERUIYOT vs KENYA CO-OPERATIVE CREAMERIES LTD [1998] KEHC 237 (KLR)
- Court
- High Court of Kenya
- Case number
- 237
- Citation
- [1998] KEHC 237 (KLR)
- Decided
- 13 November 1998
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous order dismissing the plaintiff's application to vacate the suit and restraining the plaintiff from evicting the defendant.CoramMBOGHOLI MSAGHA
Holding
The court dismissed the plaintiff's application to vacate the suit and restrain the defendant from evicting him. The court found no error apparent on the face of the order and rejected the application for review.
Facts
The plaintiff and defendant were involved in two consolidated suits. The plaintiff applied to vacate the suit and restrain the defendant from evicting him, but the court dismissed the application on October 28, 1998.
Issues
- Whether the plaintiff's application to vacate the suit and restrain the defendant from evicting him was properly dismissed.
- Whether the court erred in not extending the period within which the plaintiff should vacate the suit premises.
Reasoning
The court ruled that the plaintiff's application was not improperly dismissed and that there was no error apparent on the face of the order. The court also noted that the application for eviction was not argued separately.
Outcome
The court dismissed the plaintiff's application.
Orders
- The plaintiff's application for eviction was dismissed.
- The defendant was ordered to vacate the suit premises within 7 days from the date of the order.
- The plaintiff was restrained from evicting the defendant until the application is heard and finalised.
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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