Samuel Kanogo Ritho & another v Liscom Computers and Accessories Limited 7 2others [2017] KEELC 857 (KLR)
- Court
- Environment & Land Court
- Case number
- 857
- Citation
- [2017] KEELC 857 (KLR)
- Decided
- 21 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPosturePreliminary Objection DismissedCoramK. BOR
Holding
The court dismisses the preliminary objection with costs to the Plaintiffs.
Facts
The 1st Defendant filed a Notice of Preliminary Objection claiming that the application and plaint were fatally and incurably defective due to the supporting and verifying affidavits being sworn by Geoffrey Avugwi Ritho, a stranger to the suit.
Issues
- Whether the Plaintiffs' suit should be struck out due to the 1st Defendant's preliminary objection.
- Whether Geoffrey Avugwi Ritho, the deponent of the impugned affidavits, should have stated in the plaint that he was suing on behalf of the 1st Plaintiff based on the power of attorney he holds from the 1st Plaintiff.
Reasoning
The court finds that the objection does not raise pure points of law and that there are facts to be ascertained. The court agrees with the 1st Defendant that Geoffrey Avugwi Ritho should have stated in the plaint that he was suing on behalf of the 1st Plaintiff based on the power of attorney.
Outcome
Preliminary Objection Dismissed
Authorities cited
Cases cited (3)
- Mukisa Biscuit Manufacturing V. West End Distributors Co. Ltd
- Edwin Makanyanga Mwangale V. Moses Wafula Khahoya
- S.R. Shah Trading as Lento Agencies V. Diamond Trust of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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