Stephen Muya Giita v Margeret Kahumbu Mwahu & another [2013] KEHC 6367 (KLR)
- Court
- High Court of Kenya
- Case number
- 6367
- Citation
- [2013] KEHC 6367 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePauperism ApplicationPosturePlaintiff seeks leave to sue as a pauper and orders that his particulars of claim be adopted as the Plaint in this suit.CoramP. NYAMWEYA
Holding
The Plaintiff's application for leave to sue as a pauper is allowed.
Facts
The Plaintiff is a pauper without sufficient means to pay court filing fees. He is unemployed and relies on charity for his sustenance and that of his family. The property in question, Nairobi Block/61/255, was fraudulently registered in the name of Eleneta Njeri Giita.
Issues
- Whether the application for leave to sue as a pauper should be allowed.
- Whether the Plaintiff should be allowed to proceed with his claim in the particulars of claim adopted as the Plaint.
Reasoning
The court considered the Plaintiff's evidence and found him to be a pauper without sufficient means to pay court filing fees.
Outcome
The Plaintiff's application for leave to sue as a pauper is allowed.
Orders
- The Plaintiff's particulars of claim are adopted as the Plaint in this suit.
- The Plaintiff is allowed to proceed with his claim in the particulars of claim adopted as the 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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