Simon Emonger Enangei v Sumprose Okalo Madegwa [2014] KEHC 298 (KLR)
- Court
- High Court of Kenya
- Case number
- 298
- Citation
- [2014] KEHC 298 (KLR)
The Plaintiff's application is struck out as he has abandoned it. The consent judgment is not appealable as it was entered with the consent of the parties.
Facts
The Plaintiff and Defendant had competing claims over land parcels in North Teso/Kocholia. The Plaintiff sought to cancel titles to certain parcels registered in the Defendant's name, while the Defendant sought to dismiss the Plaintiff's case and restrain him from interfering with her land.
Issues
- Cancellation of titles
- Interference with land
Reasoning
The Plaintiff's application was abandoned, and the consent judgment entered on October 13, 2011, was not appealable due to the consent of the parties. The Defendant's claim was dismissed as the Plaintiff had not complied with the court's order.
Outcome
The Plaintiff's application is struck out, and the consent judgment is not appealable.
Orders
- The Plaintiff's application is struck out.
- The consent judgment is not appealable.
Remedies
- The Plaintiff's application is struck out.
- The consent judgment is not appealable.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (5)
- Kahagi Ndirangu v Kenya Power and Lighting company Ltd
- Kenya Commercial Bank Ltd v Specialized Engineering Co Ltd
- Florence Wasike v Destimo Wamboko
- Purcell v F.C. Tigal Ltd
- Kenya Commercial Bank Ltd v Benjoh Amalgamated Ltd & Another
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