PROFESSOR D.M. NDETI vs ORBIT CHEMICAL INDUSTRIES LIMITED (? 1400 of 1994) [2002] KEHC 601 (KLR) (31 January 2002)
- Court
- High Court of Kenya
- Case number
- 601
- Citation
- [2002] KEHC 601 (KLR)
- Decided
- 31 January 2002
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a lower court decisionCoramONYANGO OTIENO
Holding
The Preliminary Objection is rejected. The hearing of the applications will proceed on a date to be fixed by the parties.
Facts
The Plaintiff filed an application for leave to amend the Defence, which was before Hon. Justice Hayanga. The Hon. Justice suggested abandoning the interlocutory application and proceeding with the main suit.
Issues
- Whether the Hon. Justice Hayanga's order prohibiting further interlocutory applications is binding
- Whether the Plaintiff can file and hear interlocutory applications after the Hon. Justice's order
Reasoning
The Hon. Justice's order was an expression of an opinion and not an order to prohibit further interlocutory applications. The court's inherent powers are still in effect.
Outcome
Appeal dismissed
Orders
- The hearing of the applications will proceed on a date to be fixed by the parties
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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