ENOS WAFULA LUKORITO & 5 OTHERS v KISON CHESEBE CHEMOSIT [2010] KEHC 1306 (KLR)
- Court
- High Court of Kenya
- Case number
- 1306
- Citation
- [2010] KEHC 1306 (KLR)
- Decided
- 6 October 2010
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for summary judgment and striking out of defenceCoramF. N. MUCHEMI
Holding
The joint defence is struck out with costs to the Plaintiffs, and summary judgment is entered in favour of the Plaintiffs against the Defendants.
Facts
The Plaintiffs inherited land from the estate of their deceased father. The land was sub-divided into parcels registered in the names of the Plaintiffs. The nine Respondents have occupied the land without legal interest, preventing the Plaintiffs from enjoying their ownership rights.
Issues
- Defence filed by the Defendants is scandalous, sham, and an abuse of the due process of the court.
- Defence denies the Plaintiffs' claim and the Plaintiffs argue that the defence discloses no reasonable defence and ought to be struck out.
Reasoning
The defence is scandalous, vexatious, and an abuse of the due process of the court. The Plaintiffs have proof of ownership through letters of administration and title deeds.
Outcome
Application allowed, joint defence struck out, summary judgment entered in favour of Plaintiffs.
Orders
- Defence filed by the Defendants is struck out.
- Summary judgment entered in favour of Plaintiffs against the Defendants.
Remedies
- Plaintiffs are at liberty to adduce evidence on mesne profits.
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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