Douglas Rapemo Adero & another v I C D C Limited & 2 others [2016] KEHC 6391 (KLR)
- Court
- High Court of Kenya
- Case number
- 6391
- Citation
- [2016] KEHC 6391 (KLR)
- Decided
- 2 March 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of proceedings and relief of quiet enjoymentCoramSM. KIBUNJA
Holding
The application is dismissed.
Facts
The plaintiffs, Douglas Rapemo Adero and William Odero Rapemo, filed an application seeking a stay of proceedings or any other action by the defendants pending the hearing and determination of their application. The application was based on the defendants serving the plaintiffs with a notice of eviction from the suit parcel.
Issues
- Whether the application is brought under the wrong provisions of the law and hence defective, misconceived, incompetent and an abuse of the process of the court.
- Whether the plaintiffs' application for a stay of proceedings or relief of quiet enjoyment should be granted pending the hearing and determination of the application.
Reasoning
The court found that the application was brought under the wrong provisions of the law and was therefore defective, misconceived, incompetent, and an abuse of the process of the court.
Outcome
Application dismissed
Orders
- Application dismissed
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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