John Misonga Lwangu & 122 others v Fort Properties Limited & 4 others [2021] KEHC 563 (KLR)
- Court
- High Court of Kenya
- Case number
- 563
- Citation
- [2021] KEHC 563 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to set aside previous proceedings and reinstate suitCoramJudge P., Kimaru, Law, Mativo, Paul
Holding
The preliminary objection is dismissed, and the entire proceedings are not set aside. The names of 115 plaintiffs are not expunged from the proceedings.
Facts
The plaintiffs filed a suit in 1994 against the defendants, which was dismissed in 2013 and 2015. The plaintiffs seek to reinstate the suit and expunge 115 named plaintiffs from the proceedings.
Issues
- Whether the preliminary objection is merited
- Whether the entire proceedings should be set aside and the suit reinstated
- Whether the named plaintiffs should be expunged from the proceedings
- Whether leave should be granted to further amend the plaint
Reasoning
The plaintiffs have not shown that the application offends the provisions of Order 2 Rule 15 and Order 10 Rule 11 of the Civil Procedure Rules. The plaintiffs have not demonstrated that the proceedings should be set aside.
Outcome
The application is dismissed with no order as to costs.
Orders
- The preliminary objection is dismissed
- The entire proceedings are not set aside
- The names of 115 plaintiffs are not expunged from the proceedings
Authorities cited
Legislation (3)
- Civil Procedure Act
- Civil Procedure Rules, 2010
- Constitution of Kenya, 2010
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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