[2024] KEHC 14484 (KLR)

[2024] KEHC 14484 (KLR)

The court found that the preliminary objection raised issues that were similar or almost identical to those already addressed in the replying affidavit and in the court's earlier ruling on the application dated 8th December 2023. As such, there was no justification to uphold the preliminary objection, and it was...

Source-derived case information.

Citation
[2024] KEHC 14484 (KLR)
Parties
Appellant: Stephen Ngari Kahome; Respondent: Ongetta Hesbon Momanyi
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Civil Appeal E468 of 2020
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed with costs
Judges
LP Kassan
Legal Topics
Preliminary Objection, Replying Affidavit, Costs Award
Source Language
en
Civil Procedure Preliminary Objection Replying Affidavit Costs Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stephen Ngari Kahome

Appellant

Ongetta Hesbon Momanyi

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the preliminary objection raises new or distinct issues from those already addressed in the replying affidavit.
  2. 2 Whether the preliminary objection should be upheld or dismissed.

Ratio Decidendi

The court found that the preliminary objection raised issues that were similar or almost identical to those already addressed in the replying affidavit and in the court's earlier ruling on the application dated 8th December 2023. As such, there was no justification to uphold the preliminary objection, and it was dismissed with costs to avoid duplication of proceedings and conserve judicial resources.

Court Disposition

preliminary objection dismissed with costs

Orders

  • The preliminary objection is dismissed with costs to the respondent.