Spacematic System Limited v National Land Commission & 2 others [2020] KEELC 1047 (KLR)
- Court
- Environment & Land Court
- Case number
- 1047
- Citation
- [2020] KEELC 1047 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPosturePetitioner's preliminary objection to the petition dismissedCoramM. A. Odeny
Holding
The preliminary objection lacks merit and is dismissed with costs to the petitioner
Facts
The 1st respondent raised a preliminary objection that the petition was filed without a Board resolution and without the appointment of the firm of Wambua Kigamwa & Co. Advocates to institute the proceedings on behalf of the petitioner.
Issues
- Whether the petition was filed without a Board resolution
- Whether the petition was filed without the appointment of the firm of Wambua Kigamwa & Co. Advocates
Reasoning
The court held that the petition was not governed by the Civil Procedure Rules but by the Constitution of Kenya Protection of Rights and Fundamental Freedoms (Practice and Procedure Rules) 2013, and that the rules do not require a resolution to be passed for the appointment of an advocate.
Outcome
Petition dismissed
Orders
- Preliminary objection to the petition dismissed
Authorities cited
Legislation (2)
- Constitution of Kenya Protection of Rights and Fundamental Freedoms (Practice and Procedure Rules, 2013)
- Civil Procedure Act
Cases cited (4)
- Deluxe Trading Company Ltd v. Maxwell Africa Limited & Anor [2015] eklr
- Space Geo Enterprises Ltd v. Kenya National Highways Authority [2019] eklr
- Trust Bank Limited v Amalo Company Limited [2002] eKLR
- Mavuno Industries Limited & 2 Others Vs Keroche Industries Limited[2012]eKLR
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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