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WASHINGTON NDERITU v STANLEY THUO [2012] KEHC 3295 (KLR)

[2012] KEHC 3295 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3295
Citation
[2012] KEHC 3295 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeSummary JudgmentPostureApplication for Summary JudgmentCoramChesoni, Honourable Madan, Madan
Holding

Summary judgment was entered in favor of the Plaintiff.

Facts

The Plaintiff bought LR No. 4953/1022 in Thika by public auction on 24th September 2004. The Plaintiff obtained a vesting order in divorce cause no. [....] - A.W.T vs. S.T. The provisional title was issued to the Plaintiff on 2nd September 2010. The Defendant has refused to move out of the suit property for the last seven years.

Issues

  1. Whether the Defendant's defence is frivolous and a bare denial of the Plaintiff's claim
  2. Whether the Defendant's defence raises triable issues

Reasoning

The court found the Defendant's defence to be frivolous and a bare denial of the Plaintiff's claim, and did not raise any triable issues.

Outcome

In favor of the Plaintiff

Orders

  • Summary judgment in favor of the Plaintiff
  • Defendant's Defence and/or Memorandum of Appearance struck out

Remedies

  • Judgment entered for the Plaintiff as prayed in the Amended Plaint
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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