ATTORNEY GENERAL v COSMOS LIMITED & ANOTHER [2007] KEHC 3243 (KLR)
- Court
- High Court of Kenya
- Case number
- 3243
- Citation
- [2007] KEHC 3243 (KLR)
- Decided
- 2 February 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous rulingCoramM.G. MUGO
Holding
The suit against the Defendant is improperly sued and the Plaintiff's claim against the Defendant should be struck out.
Facts
The Defendant constructed an earth berm, preventing surface water from entering their parcel of land, which instead flowed onto the Plaintiffs' parcels, causing damage and discomfort.
Issues
- Whether the suit against the Defendant is improperly sued.
- Whether the Plaintiff's claim against the Defendant should be struck out.
- Whether the Plaintiff is entitled to costs of the application.
Reasoning
The court found that there is no privity of contract between the Plaintiffs and the Defendant, and the Defendant has no legal or equitable interest in the subject matter of the suit.
Outcome
Appeal dismissed
Orders
- The suit against the Defendant be struck out on the ground that the Defendant is improperly sued.
- The Plaintiff's claim against the Defendant be struck out.
- Costs of the application be in the cause.
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.
Loading judgment…