NANAK BODY BUILDERS LTD vs AKIBA BANK LIMITED [1998] KEHC 125 (KLR)
- Court
- High Court of Kenya
- Case number
- 125
- Citation
- [1998] KEHC 125 (KLR)
- Decided
- 18 March 1998
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePreliminary objection raised in a civil caseCoramA. MBOGHOLI MSAGHA
Holding
The objection is dismissed as the provisions of the Oaths and Statutory Declarations Act do not apply to preliminary objections.
Facts
The plaintiff/applicant raised a preliminary objection against the defendant/ respondent's affidavit, claiming it was not in accordance with the Oaths and Statutory Declarations Act Cap. 15, Laws of Kenya.
Issues
- Preliminary objection raised in a civil case
- Compliance with procedural rules
Reasoning
The court ruled that the objection was not covered by Order 18 Rule 8 and that the provisions of the Oaths and Statutory Declarations Act apply to affidavits, not preliminary objections.
Outcome
The objection is dismissed
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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