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Sammy Phillip Mbugua v Esther Wangari Ng'ang'a & another [2017] KEHC 483 (KLR)

[2017] KEHC 483 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
483
Citation
[2017] KEHC 483 (KLR)
Decided
12 October 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from dismissal of suitCoramJ.N. MULWA, R. LAGAT KORIR
Holding

The application is dismissed with no orders as to costs

Facts

The plaintiff filed a suit against the defendants, but it was struck out due to statute of limitation and a null and void contract. The 2nd defendant died before the conclusion of the suit.

Issues

  1. Whether the plaintiff's suit was incompetent and an abuse of the court process
  2. Whether the plaintiff's application for review of the dismissal order is merited
  3. Whether the plaintiff's new evidence qualifies for a review of the striking out order

Reasoning

The court found no merit in the application as the suit was incompetent and an abuse of the court process, and the new evidence did not qualify for a review.

Outcome

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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