Republic v Funyula Land Disputes Tribunal & 3 others [2004] KEHC 2642 (KLR)
- Court
- High Court of Kenya
- Case number
- 2642
- Citation
- [2004] KEHC 2642 (KLR)
- Decided
- 4 June 2004
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondents raised preliminary points of law against the motionCoramJ.K. Sero, J.K. Sero
Holding
The motion dated 7th January 2004 is ordered struck out with costs to the interested parties
Facts
The ex parte applicant filed a motion dated 7th January 2004, which was challenged by the interested parties on various grounds.
Issues
- Motion filed out of time
- Motion not properly before the court
- Motion filed under the file which leave was sought and obtained
Reasoning
The Court found the motion was filed out of time and not properly before the court. The Court also noted the motion was filed under the file which leave was sought and obtained, which is considered as spent.
Outcome
Motion struck out
Orders
- Motion dated 7th January 2004 is ordered struck out with costs to the interested parties
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Law Reform Act
Cases cited (2)
- Kenya National Examination Council vs Republic Ex parte Geoffrey Gathenji Njoreoge & 9 others CA No 266 of 1996
- The Commissioner of Lands vs Kunste Hotel Ltd CA No 234 of 1995
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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