Aspire Limited v Zedka Technical Services Limited & 2 others [2021] KEELC 2176 (KLR)
- Court
- Environment & Land Court
- Case number
- 2176
- Citation
- [2021] KEELC 2176 (KLR)
- Decided
- 20 August 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPosturePreliminary objection raised by 2nd and 3rd defendantsCoramHON. ATTORNEY GENERAL
Holding
The court ruled that Kitiwa & Company Advocates should not be disqualified from representing Aspire Limited.
Facts
Aspire Limited filed a suit against Zedka Technical Services Limited and the Land Registrar Uasin Gishu. Kitiwa & Company Advocates represented both parties in a sale agreement.
Issues
- Whether Kitiwa & Company Advocates should be disqualified from representing Aspire Limited in the suit due to their involvement in the sale agreement.
Reasoning
The court emphasized that disqualification should not be based on the mere fact of advocacy in the sale agreement, but on whether the testimony of the advocate is relevant, material, or necessary to the issues in controversy.
Outcome
The preliminary objection was dismissed.
Authorities cited
Cases cited (1)
- GUARDIAN BANK LIMITED V SONAL HOLDINGS (K) LIMITED & 2 OTHERS [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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