PETER KIPYEGEN ROTICH V ELIJAH KIPGENO ARAP BII [2005] KEHC 693 (KLR)
- Court
- High Court of Kenya
- Case number
- 693
- Citation
- [2005] KEHC 693 (KLR)
- Decided
- 13 May 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out defence and counterclaimCoramM.G. Mugo
Holding
Defence and counterclaim are struck out as scandalous, frivolous, and vexatious.
Facts
The Plaintiff purchased the suit premises through a statutory power of sale by the Kenya Commercial Bank, and the Defendant had previously charged the property. The Plaintiff sought possession of the land.
Issues
- Validity of the Plaintiff's purchase
- Defence and counterclaim validity
Reasoning
The Plaintiff's purchase was valid under the Registered Land Act, and the Defendant's defence and counterclaim are invalid due to statutory provisions.
Outcome
Application granted, Defence and counterclaim struck out
Orders
- Defendant to give vacant possession of L.R. No. Kericho/Kabianga/1824 to the Plaintiff
- Question of mesne profits to be set down for assessment
Remedies
- Costs awarded to the Plaintiff
Authorities cited
Legislation (2)
- Registered Land Act
- Civil Procedure Act
Cases cited (1)
- HILTON WALTER NABONGO OSINYA & ANOR –vs- SAVINGS & LOANS & ANOR CIVL. SUIT NO. 582 OF 1998
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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