Vaghela t/a Shiv Bookshop v Kassam (Environment and Land Appeal 20 of 2023) [2024] KEELC 6779 (KLR) (11 October 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 6779
- Citation
- [2024] KEELC 6779 (KLR)
- Decided
- 11 October 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a ruling dismissing a preliminary objectionCoramEC CHERONO
Holding
The court held that the preliminary objection was not properly raised and dismissed the appeal.
Facts
The appellant (Vaghela) was the 3rd respondent in a case before the Kakamega Rent Restriction Tribunal, where the respondent (Kassam) sought adoption and satisfaction of an award. The appellant then filed a preliminary objection regarding the change of advocates.
Issues
- Whether the firm of Kibuthia Kamau & Associates Advocates was properly on record
- Whether the preliminary objection was properly raised
Reasoning
The court ruled that the preliminary objection was not properly based on the provisions of Order 9 Rule 9 of the Civil Procedure Rules, as it was not preceded by an application or consent as required by the rule.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Mbogua Kiruga v Mugecha Kiruga & another [1988] 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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