Ocean Engineering Works Ltd & another v SBM Bank of Kenya Ltd (Civil Suit 112 of 2021) [2024] KEELC 4724 (KLR) (5 June 2024) (Ruling)

Facts

The Plaintiffs filed a counterclaim against the Defendant in the main suit, and the Defendant filed a notice of preliminary objection.

Issues

1. Whether the Preliminary Objection dated 6th November, 2023 by the Plaintiffs meets the fundamental threshold of a Preliminary Objection?
2. Whether the Honourable Court is functus ocio the matter herein having been withdrawn prior to ling and service of the counter claim.
3. Whether there is an error of the law that cannot be remedied by the orders of this Honourable Court issued on 12th October, 2023.
4. Whether the Plaintiffs in the counter claim have sought for leave before ling the counter claim.
5. Whether the counter claim is an abuse of court process and therefore malicious.

Reasoning

The Court found that the Plaintiffs' notice of preliminary objection lacked merit and that the Plaintiffs should be allowed to recover the outstanding amounts.

Outcome

The Plaintiffs' notice of preliminary objection is dismissed with costs.