[2013] KEHC 446 (KLR)
The court held that since the main suit had already been struck out for being an abuse of the court process, there was no existing suit upon which the court could grant the orders sought by the applicant. The court further advised the applicant that the proper course of action would be to make an application before...
Source-derived case information.
- Citation
- [2013] KEHC 446 (KLR)
- Parties
- Applicant: Julius Njikari Kinyua; Applicant: Cyrus Kaigwa Kinyua; Applicant: Sospeter Mwangi Kinyua; Applicant: Paul Munyi Kiyua; Applicant: Wamarwa Kinyua Gichira; Respondent: Jeniffer Wamwirua Mariiku; Respondent: Peter Munene Gichira; Applicant: Rebeccah Wanjiru Kamau
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 206 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Application After Suit Struck Out
- Outcome
- application dismissed
- Legal Topics
- Abuse of Court Process, Striking Out of Suit, Land Registration, Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Njikari Kinyua
Applicant
Cyrus Kaigwa Kinyua
Applicant
Sospeter Mwangi Kinyua
Applicant
Paul Munyi Kiyua
Applicant
Wamarwa Kinyua Gichira
Applicant
Jeniffer Wamwirua Mariiku
Respondent
Peter Munene Gichira
Respondent
Rebeccah Wanjiru Kamau
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application After Suit Struck Out
Legal Issues
- 1 Whether the court can issue orders when the main suit has been struck out for abuse of process.
- 2 Whether the applicant should seek remedy before the Land Registrar or by way of a fresh miscellaneous application.
Ratio Decidendi
The court held that since the main suit had already been struck out for being an abuse of the court process, there was no existing suit upon which the court could grant the orders sought by the applicant. The court further advised the applicant that the proper course of action would be to make an application before the Land Registrar under Section 73(1) & (2) of the Land Registration Act or to file a fresh miscellaneous application before the court. Accordingly, the application was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The applicant is advised to seek remedy before the Land Registrar or by way of a fresh miscellaneous application.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
MISC. APPLICATION NO. 206 OF 2011
JULIUS NJIKARI KINYUA…............................................….. 1ST APPLICANT
CYRUS KAIGWA KINYUA…..........................................….. 2ND APPLICANT
SOSPETER MWANGI KINYUA…....................................…..3RD APPLICANT
PAUL MUNYI KIYUA…...............................….................... 4TH APPLICANT
WAMARWA KINYUA GICHIRA…....................................…..5TH APPLICANT
VERSUS
JENNIFFER WAMWIRUA MARIIKU..................................1ST RESPONDENT
PETER MUNENE GICHIRA.............................................2ND RESPONDENT
AND
REBECCAH WANJIRU KAMAU....................INTERESTED PARTY/APPLICANT
R U L I N G
The suit herein was struck out for being an abuse of the Court process. There is therefore no suit to enable this Court issue the orders sought by the applicant. The applicant may either make an application before the Land Registrar pursuant to Section 73(1) & (2) of the Land Registration Act or file such application by way of a Miscellaneous Application before the Court.
Application is therefore dismissed and he is advised accordingly.
DELIVERED, DATED AND SIGNED AT EMBU THIS 11TH DAY OF NOVEMBER, 2013.
H.I. ONG’UDI
J U D G E
In the presence of:-
Applicant
Njue CC