Crossley Holdings Ltd v Cabinet Secretary, Ministry of Agriculture, Livestock, Fisheries & Cooperatives & 3 others; Richard Ochieng Ogendo & another (Interested Parties) [2021] KEELC 3913 (KLR)
- Court
- Environment & Land Court
- Case number
- 3913
- Citation
- [2021] KEELC 3913 (KLR)
- Decided
- 24 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureRespondent's ApplicationCoramG. L. NZIOKA, Gikonyo, Hon, Kubasu, L. Gacheru, Messrs Mumbi Ngugi
Holding
The court found the application to be a procedural technicality and denied the orders sought.
Facts
The Agriculture and Food Authority filed an application seeking to bar and disqualify Senior Counsel Senator James Aggrey Bob Orengo and his firm from acting for the Petitioner in the petition. The Petitioner claims that Orengo had access to confidential documents related to the suit property, which is a public property.
Issues
- Whether the application was brought through the right procedure
- Whether the court has jurisdiction to issue the sought orders
Reasoning
The court ruled that the application was not brought through the right procedure and that the court does not have the jurisdiction to issue the sought orders. The court cited the Civil Procedure Rules and the Civil Procedure Act.
Outcome
Denied
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Protection of Rights and Fundamental Freedoms Practice and Procedure Rules
Cases cited (4)
- Tom Kusienya & Others v Kenya Railways Corporation & others [2013] eKLR
- Delphis Bank Limited vs. Channan Singh Chatthe and 6 Others (supra)
- King Woolen Mills Ltd (formerly known as Manchester Outfitters Suiting Division Ltd) and Galot Industries Ltd –vs- Kaplan and Stratton Advocates (supra)
- Supasave Retail Ltd vs. Coward Chance (a firm) and Others; David Lee & Co (Lincoln) Ltd vs. Coward Chance (a firm) and Others (1991) 1 ALL ER
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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