Charles W. Gitonga v Suppliers & Services Ltd [2014] KEHC 6338 (KLR)
- Court
- High Court of Kenya
- Case number
- 6338
- Citation
- [2014] KEHC 6338 (KLR)
- Decided
- 5 March 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureNotice of Motion to set aside injunction and strike out caseCoramGacheru Judge
Holding
Order of injunction and Plaintiff's case are set aside
Facts
Defendant claimed Plaintiff trespassed on Defendant's land and filed suit in ELC No. 691/2012. Plaintiff claimed Defendant trespassed on Plaintiff's land and filed this suit.
Issues
- Setting aside injunction
- Striking out Plaintiff's case
Reasoning
Defendant was not properly served with the application and Plaintiff did not demonstrate proper service.
Outcome
Defendant's application granted
Orders
- Order of injunction set aside
- Plaintiff's case against Defendant struck out
Remedies
- Costs to be in the cause
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (3)
- Joseph Ngunje Waweru v Joel Ndiga
- Kanji Navali v Velji Ramji
- Promotions Ltd v City Cabanas Ltd
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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