[2017] KEELC 3080 (KLR)

[2017] KEELC 3080 (KLR)

The court held that the objections raised by the Defendant regarding the absence of company resolutions, authorization of the deponent, and advocate's authority were mere procedural issues. Such defects do not go to the substance of the suit and can be rectified at any stage. The court emphasized the constitutional...

Source-derived case information.

Citation
[2017] KEELC 3080 (KLR)
Parties
Plaintiff: Manil Limited; Defendant: Friends That Care Holding Limited
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case 1196 of 2015
Procedural Posture
Civil Suit / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Judges
MM Gitumbi
Legal Topics
Preliminary Objection, Procedural Irregularities, Company Resolution, Affidavit Requirements
Source Language
en
Civil Procedure Land and Property Preliminary Objection Procedural Irregularities Company Resolution Affidavit Requirements

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Summary, issues, holding and outcome

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Parties

Manil Limited

Plaintiff

Friends That Care Holding Limited

Defendant

Procedural Posture

Civil Suit / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure by the Plaintiff to file company resolutions and proper authorization for the suit is fatal to the proceedings.
  2. 2 Whether procedural defects regarding affidavits and advocate authorization warrant dismissal of the suit.

Ratio Decidendi

The court held that the objections raised by the Defendant regarding the absence of company resolutions, authorization of the deponent, and advocate's authority were mere procedural issues. Such defects do not go to the substance of the suit and can be rectified at any stage. The court emphasized the constitutional imperative under Article 159(2)(d) to administer justice without undue regard to procedural technicalities. Consequently, the preliminary objection was dismissed, and the matter was set for further mention to chart the way forward.

Court Disposition

preliminary objection dismissed

Orders

  • The preliminary objection dated 15/12/2015 is dismissed.
  • Plaintiff to serve the Defendant.