Petro Chacha Nyamohanga (Suing as a personal representative of the estate of Nyamohanga Mwita Marwa) & another v William Gesamba Mwita & 2 others [2022] KEELC 1793 (KLR)
- Court
- Environment & Land Court
- Case number
- 1793
- Citation
- [2022] KEELC 1793 (KLR)
- Decided
- 28 January 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePreliminary Objection to a Civil SuitCoramMOHAMMED N. KULLOW
Holding
The Preliminary Objection is not merited and is dismissed with no orders as to costs.
Facts
The Plaintiffs filed a suit against the Defendants alleging that the Defendants had not been served with summons, which is a requirement under Civil Procedure Rules, 2010. The Defendants filed a Notice of Preliminary Objection contesting the suit.
Issues
- Whether the suit offends the provisions of Order 5, Rule 1 of the Civil Procedure Rules, 2010.
- Whether the failure to serve summons amounts to a fundamental breach warranting the suit to be struck out.
Reasoning
The court found that the Defendants filed their Memorandum of Appearance and Statement of Defence, indicating their knowledge of the suit and participation in the proceedings. The failure to serve summons does not amount to a fundamental breach.
Outcome
Preliminary Objection dismissed
Orders
- The Plaintiffs are directed to fully comply with Order 11 within 30 days from the date of this Ruling.
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2010
- Evidence Act
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.
Loading judgment…