NAOMI MICHELLE LEVY V SILVIA BOLSON [2012] KEHC 2669 (KLR)
- Court
- High Court of Kenya
- Case number
- 2669
- Citation
- [2012] KEHC 2669 (KLR)
- Decided
- 26 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous judgmentCoramC. W. Meoli
Holding
Both applications are dismissed. Each party will bear their own costs. The plaintiff should file a defence to the counterclaim.
Facts
The plaintiff filed an application to vacate injunctive orders and allow her to occupy the property, while the defendant filed an application to strike out the plaintiff's plaint and enter judgment for the defendant.
Issues
- Whether the plaintiff's application to vacate injunctive orders should be granted.
- Whether the defendant's application to strike out the plaintiff's plaint and enter judgment for the defendant should be granted.
Reasoning
The court found no merit in the plaintiff's application to vacate the injunctive orders and dismissed it. The court also found no merit in the defendant's application to strike out the plaintiff's plaint and entered judgment for the defendant, as the plaintiff's default did not render her cause of action unviable.
Outcome
Both applications dismissed
Orders
- Both applications dismissed
- Each party will bear their own costs
- The plaintiff should file a defence to the counterclaim
Authorities cited
Legislation (2)
- Civil Procedure Act
- 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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