1. Land Law 2. Civil Practice and Procedure i. Defence be struck out. ii. Order VII r 1(2) Order VI r 13 1(C) cpr Section 3A 3. Subject of main suit Land i) Original LR – Kericho/Kipsonoi S.S/55 Later sub divided Kericho/Kipsonoi S.S/634 v) ii) Issue – sub-division allegedly done by fraud iii) Eviction sought of defendant iv) Defendant entered appearance but delayed in filing defence Application 5.5.09 for injunction compromised by both parties status quo be maintained. vi) Status quo Defendant to occupy land but not dispose of the same nor interfere with the registration. 4. Application 2nd July, 2009 Defence filed but not served within the requisite seven days. Order 8 r 1(2) cpr which is mandatory In reply – it is curable 5. Held – Application dismissed as defence filed within requisite time. Remedy in costs to respondent 6. Case Law
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7. Advocate J.K. Kiplenge advocate instructed by M/S Kiplenge & Kurgat & Co. advocates for the Plaintiff/Applicant – present J.M. Motanya advocate instructed by M/S Motanya & Co. advocates for the Defendant/Respondent present
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