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Tom Boaz Okwedoro v Barrack Yomba Omayo & another [2005] KEHC 1669 (KLR)

[2005] KEHC 1669 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1669
Citation
[2005] KEHC 1669 (KLR)
Decided
25 July 2005
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for dismissal of suitCoramB. K. TANUI
Holding

The court finds that the plaintiff does not have any cause of action against the defendants and strikes out the suit with costs to the defendants.

Facts

The plaintiff, Tom Boaz Okwengo, alleged that he bought the suit land from Cleophas Otieno Obara on February 1, 1990, for Kshs.20,000. However, the defendants denied the claim and stated that the land was registered in the name of the 1st defendant as a trustee.

Issues

  1. Whether the plaintiff has a cause of action against the defendants.
  2. Whether there is a triable issue between the parties.

Reasoning

The pleadings between the parties are clear that the plaintiff does not have a cause of action against the defendants.

Outcome

The suit is struck out with costs to the defendants.

Orders

  • The suit is struck out with costs to the defendants.
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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