Caltex Oil (Kenya) Limited v New Stadium Service Station Ltd & another [2002] KEHC 772 (KLR)
- Court
- High Court of Kenya
- Case number
- 772
- Citation
- [2002] KEHC 772 (KLR)
- Decided
- 16 January 2002
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision to grant leave to file affidavitsCoramONYANGO OTIENO
Holding
The application is dismissed in its entirety
Facts
An application was made to file affidavits in support of a previous application, but the court found that the affidavits were filed without leave and were not in compliance with the law.
Issues
- Irregularity in the filing of affidavits
- Equity and the duty to do equity
Reasoning
The court found that the affidavits were filed without leave and were not in compliance with the law, and that allowing the affidavits to be filed would be prejudicial to the Respondent and unfair to the Applicant.
Outcome
Application dismissed
Orders
- Application dated 13th March 2000 is dismissed in its entirety
- Costs to the Respondent/Plaintiff
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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