SHAN ROSEMARIE LINCK vs ROBERT SCHLOLER LINCK [2002] KEHC 580 (KLR)
- Court
- High Court of Kenya
- Case number
- 580
- Citation
- [2002] KEHC 580 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureRespondent raised preliminary objections on chamber summonsCoramK. H. RAWAL
Holding
The preliminary objections raised by the Respondent are dismissed. The costs are to be paid by the Applicant to the Respondent.
Facts
The case involves a dispute over the application of the Married Women's Property Act (1882) and the Civil Procedure Rules.
Issues
- The provisions of Civil Procedure Rules do not apply to the matter brought under section 17 of the Married Women's Property Act (1882)
- The application is brought under wrong provisions of the Civil Procedure Rules
Reasoning
The court rules that the Married Women's Property Act is a self-contained Act with distinct jurisdiction, and Section 17 does not bar an interlocutory application for interim relief. The application was brought under the correct provisions of the law.
Outcome
The preliminary objections are dismissed, and the costs are awarded to the Respondent.
Orders
- Order XXXIX of Civil Procedure Rules instead of Order XXXVIII of Civil Procedure Act
Authorities cited
Legislation (2)
- Married Women's Property Act (1882)
- Civil Procedure Act
Cases cited (2)
- Lilian Njeri Mungai Civil Appeal No. 191 of 1995
- Njagi Kanyunguti & Others V/S David Njeru Njogu (Civil Appeal No. 181 of 1994)
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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