Salesio Njagi Nthirimano v Rosaline Ruguru Waweru & 3 others [2013] KEHC 5872 (KLR)
- Court
- High Court of Kenya
- Case number
- 5872
- Citation
- [2013] KEHC 5872 (KLR)
- Decided
- 6 June 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondents filed preliminary objections to the applicant's application.
Holding
The preliminary objections are dismissed.
Facts
The applicant filed a miscellaneous application against four respondents, seeking various orders under the Environment and Land Court Act, Articles of the Constitution, and Civil Procedure Act.
Issues
- The application is fatally and incurably defective.
- The application is res-judicata and bad in law.
- The application lacks any merit whatsoever.
- The application is an abuse of the process of the Court.
- The application is frivolous and vexatious.
- The application does not lie.
- There is no suit before the Court.
Reasoning
The court found the preliminary objections to be without merit and dismissed them.
Outcome
The application was certified as urgent and various interim orders were granted.
Orders
- Interim preservation orders staying further proceedings in Embu CMCC No. 151 of 2006.
- Interim injunction restraining defendants from selling, transferring, disposing off, alienating or dealing with land parcel No. NGANDORIKI/KIRIGI/1196.
- Order calling for the record and/or entire file of proceedings before Embu CMCC No. 151 of 2006.
- Declaration that proceedings in the said Court and judgments are defective, bad in law, irregular, unfair and un-procedural.
- Declaration that the purported Auction held on 24 August 2012 is null and void.
- Order for the applicant to pay Ksh. 190,000 to the 1st respondent.
- Order for the 1st and 3rd respondent to refund Ksh. 520,000 to the 4th respondent.
- Order for the costs of the application to be provided for.
Remedies
- Interim preservation orders.
- Interim injunction.
- Declaration of proceedings as defective.
- Declaration of purported Auction as null and void.
- Order for payment of Ksh. 190,000.
- Order for refund of Ksh. 520,000.
- Order for costs of the application.
Authorities cited
Legislation (2)
- Environment and Land Court Act
- 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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