Abdi Hashi Duale v National Bank of Kenya Ltd & 2 others [2005] KEHC 2420 (KLR)
- Court
- High Court
- Case number
- 2420
- Citation
- [2005] KEHC 2420 (KLR)
- Decided
- 13 May 2005
- Judge
- LK Kimaru
- Parties
- raw · defendants · plaintiffs
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a summary judgment orderCoramLK Kimaru
Holding
The plaintiff's suit is struck out due to multifarious filings and the foundation of the suit is just but quixotic.
Facts
The plaintiff filed a suit seeking a declaration that a sale of land by the 2nd defendant, at the instance of the 1st defendant, to the 3rd defendant was null, illegal, unlawful and void. The 3rd defendant filed an application to have the plaintiff's plaint struck out.
Issues
- Whether the plaintiff's suit should be struck out due to multifarious filings
- Whether the 3rd defendant's purchase of the land was fraudulent
Reasoning
The plaintiff filed multiple suits concerning the same subject matter without disclosing them, which constitutes abuse of the court process. The plaintiff's suit is based on a legal quagmire as the equity of redemption is extinguished upon a sale by a chargee.
Outcome
The plaintiff's suit is struck out with costs to the defendants.
Orders
- The plaintiff's suit is struck out with costs to the defendants
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Registered Land Act
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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