Lilian Waithera Gachuhi v David Shikuku Mzee [2005] KEHC 362 (KLR)
- Court
- High Court of Kenya
- Case number
- 362
- Citation
- [2005] KEHC 362 (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 plaintiff
Holding
Application dismissed. The case should go to trial through tendering of evidence by all parties.
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 the title refers to Eldoret Municipality/Block 11/609.
Issues
- Actual identity of the subject land
- Whether the respondent's defence discloses triable issues
Reasoning
The court found that the identity of the land in question is a triable issue and that the application should not be determined by striking out the defence.
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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