Solai Ruyobei Farm Ltd v Cherutich & another (Environment & Land Case 52 of 2022) [2023] KEELC 16359 (KLR) (22 March 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 16359
- Citation
- [2023] KEELC 16359 (KLR)
- Decided
- 22 March 2023
Summary at a glance
TypeCivilPostureDefendants filed a Notice of Preliminary ObjectionCoramFM NJOROGE, Havelock, Hewett, KLR Havelock, Kasango, Kimaru, Per Odunga
The suit should not be struck out due to the plaintiff's failure to file a resolution approving the suit. The failure to file the resolution is not fatal to the suit.
Facts
Solai Ruyobei Farm Ltd filed a suit against Kipkoech Cherutich and Jackson Tuitoek. The defendants argued that the suit was not properly authorized and that the plaintiff did not provide a valid resolution.
Issues
- Whether the suit should be struck out due to the plaintiff's failure to file a resolution approving the suit
- Whether the plaintiff's authorized law firm filed a valid resolution
Reasoning
The court held that the plaintiff did not file a resolution approving the suit, but this was not fatal as per recent case law. The defendants' argument about the plaintiff's authorized law firm filing a valid resolution was not addressed by the plaintiff.
Outcome
The suit is not struck out.
Orders
- The preliminary objection is dismissed
Authorities cited
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