SANDE INVESTMENTS LIMITED T/A WESTLANDS COTTAGE HOSPITAL) SAMSON OMOLLO RADING ) JARED OMOLLO RADING ) MIRIAM MUKWANA vs KENYA COMMERCIAL BANK LIMITED (SUED IN ITS CAPACITY AND AS THE PURPORTED SUCCESSOR AND\OR ASSIGNS OF KENYA COMMERCIAL FINANCE [2004] KEHC 2691 (KLR)
- Court
- High Court of Kenya
- Case number
- 2691
- Citation
- [2004] KEHC 2691 (KLR)
- Decided
- 5 July 2004
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial outcomeCoramMARY KASANGO, AG. JUDGE
Holding
The application to dismiss the suit and application was dismissed.
Facts
The 1st and 2nd defendants moved the court to dismiss the plaintiff's suit and application, alleging res judicata, abuse of process, withholding of material facts, lack of locus standi, and wrongful suit.
Issues
- Res judicata
- Abuse of process
- Withholding of material facts
- Locus standi
- Wrongful suit
Reasoning
The court found that the plaintiffs' suit was not res judicata and that the defendants did not provide sufficient grounds to dismiss the suit.
Outcome
Appeal dismissed
Orders
- The application to dismiss the suit and application was dismissed
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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