Case law
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Division and case type: Environment and LandLand Case
That this Honourable Court be pleased to revive this suit which abated by this Court's order on 2nd July, 2012. That this Honourable Court be pleased to retain the Inhibition Order lodged upon the suit land and to restrain the Defendant from wasting, cutting trees and/or vegetation or anything growing on the suit premises and from harassing the Applicant or the heirs or Dependants of the late Plaintiff until the determination of this suit.
Division and case type: CivilCivil Appeal
For the above reasons I allow this appeal, set aside the judgment and orders of the court below and order that the matter be re-tried by a magistrate with requisite monetary jurisdiction either in Nyeri or Nairobi. I entertain no doubts that the parties who have shown a keen interest in the disposal of the matter shall intimate to the deputy registrar of this Court where they next want to be heard.
Division and case type: CivilCivil Appeal
have the ex-parte judgment set aside and in consequence all subsequent orders including the order appealed against are nullified. The appeal must be allowed.” It follows therefore, that the exparte judgment of 29th of April, 1991 was entered against the 2nd defendant/respondent, Mwika in error.