Adul & 49 others v Clerk, County Assembly of Kisumu & 2 others (Judicial Review E035 of 2024) [2024] KEELRC 13341 (KLR) (5 December 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13341
- Citation
- [2024] KEELRC 13341 (KLR)
- Decided
- 5 December 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureNotice of Preliminary ObjectionCoramDR. JACOB GAKERI
Holding
The Court finds the Notice of Preliminary Objection not merited and the application not procedurally defective.
Facts
The applicant law firm filed a Chamber Summons Application for a Judicial Review mandamus order against the respondents, seeking payment of Kshs.338,783.00 in party-to-party costs. The 1st and 2nd Respondents filed a Notice of Preliminary Objection.
Issues
- Whether the Notice of Preliminary Objection is merited.
- Whether the application dated 16th October, 2024 is procedurally defective.
Reasoning
The Court considers the Notice of Preliminary Objection and submissions by the parties. It agrees with the procedural rules but disagrees with the contention that the application is procedurally defective.
Outcome
The application is dismissed with costs.
Orders
- The Notice of Preliminary Objection is dismissed.
- The application is dismissed with costs.
Authorities cited
Legislation (2)
- Constitution of Kenya
- Civil Procedure Act (Chapter 21 of the Laws of Kenya)
Cases cited (6)
- Mukisa Biscuit Manufacturing Co. Ltd V West End Distributors Ltd
- Hassan Ali Joho & Another V Suleiman Said Shabal & 2 Others
- Hassan Nyanje Charo V Khatib Mwashetani & 3 Others
- Republic V National Land Commission & 4 Others Ex Parte Stephen N. Nyachae
- Njenga V Njenga
- Benjoh Amalgamated & Another V Kenya Commercial Bank Ltd
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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