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BETH WANJIRU GICHIOMI v JAMES MARTIN NJUMA [2008] KEHC 3477 (KLR)

[2008] KEHC 3477 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3477
Citation
[2008] KEHC 3477 (KLR)
Decided
18 April 2008
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant's Application to Strike Out Plaintiff's SuitCoramH. P. G. WAWERU
Holding

The Plaintiff's suit is struck out with costs to the Defendant.

Facts

The suit land was registered in the name of Vincent Sankale Roimen, who owed the Defendant KShs. 1,273,000. Roimen agreed to pay the debt by instalments and transferred the land to the Defendant in default of payment.

Issues

  1. Plaintiff's lack of locus standi to challenge the agreement
  2. Suit's challenge to the agreement between the Defendant and Roimen

Reasoning

The Plaintiff was not a party to the agreement and was not a co-proprietor of the land. She has no locus standi to challenge the agreement.

Outcome

Striking out the Plaintiff's suit with costs to the Defendant

Orders

  • Plaintiff's suit is hereby struck out with costs to the Defendant
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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