SULTAN HARDWARES LTD) SULTAN WHOLESALERS LTD) vs AFRICAN BANKING CORPORATION LTD [2004] KEHC 2185 (KLR)
- Court
- High Court of Kenya
- Case number
- 2185
- Citation
- [2004] KEHC 2185 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant raises preliminary objection on points of lawCoramB. K. TANUI
Holding
The preliminary objection is rejected
Facts
The plaintiffs filed an application dated 17th October 2003, and the defendant's counsel raised a preliminary objection on points of law.
Issues
- Defects in the form of identification of exhibits annexed to the affidavit
- Defects in paragraph 7(ii) and (iii) of the affidavit of Ashraf Karmali Sabjali
Reasoning
The court found that the points raised were not strictly points of law and that the defendant should have filed an application supported by an affidavit.
Outcome
Defendant's preliminary objection is rejected
Orders
- Preliminary objection is rejected
Authorities cited
Cases cited (1)
- Mukisa Biscuit Co. –Vs- West End Distributors Ltd [1969] EA 696
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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