Appolonia Ombok v Maurice Odhiambo Owiti & another [2020] KEELC 3316 (KLR)
- Court
- Environment & Land Court
- Case number
- 3316
- Citation
- [2020] KEELC 3316 (KLR)
- Decided
- 28 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent filed a Notice of Preliminary Objection opposing the Applicant's Notice of Motion.CoramLaw, Odungu, Ojwang
Holding
The application is not fatally defective for citing wrong provisions of the law.
Facts
The Applicant seeks orders to open an access road, but the 1st Respondent opposes the application on three grounds: lack of capacity/standing, wrong provisions of law, and violation of Civil Procedure Rules.
Issues
- Whether the application is fatally defective for citing wrong provisions of the law
- Whether the Applicant has the capacity/standing to bring the suit
Reasoning
The court held that the failure to cite the relevant provision will not be fatal to the applicant's cause, as the court is not bound by procedural provisions as being cast in stone.
Outcome
The application was not defeated on a technicality or for want of form.
Authorities cited
Legislation (3)
- Order 51 Rule 10 of the Civil Procedure Rules
- Order 4 Rule 4 of the Civil Procedure Rules
- Section 3A of the Act
Cases cited (2)
- Isaya Masira Momanyi v Daniel Omwoyo & Kebungo Orina Kisii ELC No. 167 of 2016
- Republic v Anti-Counterfeit Agency & 2 others Ex-Parte Surgippharm Limited [2014] 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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