Lilian Waithera Gachuhi v David Shikuku Mzee (Civil Case 10 of 2003) [2005] KEHC 1890 (KLR) (13 July 2005)
- Court
- High Court of Kenya
- Case number
- 1890
- Citation
- [2005] KEHC 1890 (KLR)
- Decided
- 13 July 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out defence and enter judgment for plaintiffCoramGeorge Dulu, Ag. Judge
Holding
Application dismissed. Case should go to trial.
Facts
Lilian Waithera Gachuhi is the registered proprietor of a parcel of land in Eldoret Municipality/Block 11/610. David Shikuku Mzee claims to have bought the land from Debla Masinza, but refers to title No. B11/609 Eldoret.
Issues
- Actual identity of the subject land
- Whether the defendant's defence can be struck out
Reasoning
The identity of the land in question is a triable issue. The application should not be determined by way of summary procedure.
Outcome
Application dismissed
Orders
- Costs will be in the cause
Authorities cited
Cases cited (2)
- Michael Githinji Kimotho v Nicholas Muratha Mugo Nairobi Civil Appeal No.53 of 1995
- Wreck Motor Enterprises v Commissioner of Lands and 2 Others Nairobi Civil Appeal No.71 of 1997
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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