CATHERINE WAMBUI KUYAKI & 4 others v PHARIS KUIYAKI & 3 others [2007] KEHC 2227 (KLR)
- Court
- High Court of Kenya
- Case number
- 2227
- Citation
- [2007] KEHC 2227 (KLR)
- Decided
- 6 June 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an Interlocutory JudgmentCoramLenaola J, Ochieng J, Ochieng Ag J
Holding
The application to set aside the Interlocutory Judgment is allowed
Facts
The plaintiffs are the beneficiaries of a will left by the late Pharis Kuiyaki Wanderi, who left two parcels of land to his wife and four daughters. The defendants allegedly evaded a parcel of land and cut down trees on it. The plaintiffs filed a suit for an injunction, but the defendants claimed they were never served with the application.
Issues
- Whether the Interlocutory Judgment should be set aside
- Whether the defendants were properly served with the summons to enter appearance
Reasoning
The Hon. Judge ordered the defendants to be served with the summons to enter appearance, but the defendants claimed they were never served. The application was made under the wrong rule, and the Hon. Judge ordered the reserve of all pleadings on 29 January 2004.
Outcome
The Interlocutory Judgment is set aside
Orders
- Application to set aside the Interlocutory Judgment allowed
Remedies
- Interlocutory Judgment set aside
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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