BENJAMIN OSORE MABUNDE V JOSEPH WEKESA WATULO [2013] KEHC 4805 (KLR)
- Court
- High Court of Kenya
- Case number
- 4805
- Citation
- [2013] KEHC 4805 (KLR)
- Decided
- 12 March 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEvictionPostureAppeal from an original trialCoramA. OMOLLO
Holding
The application is dismissed as an abuse of the court process.
Facts
The applicant, Benjamin Osore Mabunde, sought an urgent and interim stay of orders obtained in a previous case (Bungoma CMCC NO. 585 of 2009) due to technicalities in the previous case.
Issues
- Whether the court can grant a stay of the orders obtained in the previous case.
- Whether the applicant can seek a stay of his eviction from the suit land through other provisions of the law.
Reasoning
The court found that the previous case is already concluded and the present circumstances do not fall under Section 6 of the Civil Procedure Act for staying proceedings. The court also stated that the applicant has other provisions of the law under which he can seek a stay of his eviction.
Outcome
Application dismissed
Authorities cited
Legislation (1)
- Civil Procedure Act
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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