Michael John Bechet v UAP Provincial Insurance Co. Ltd [2005] KEHC 2396 (KLR)
- Court
- High Court of Kenya
- Case number
- 2396
- Citation
- [2005] KEHC 2396 (KLR)
- Decided
- 9 June 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
Typeobjection to submission of new cause of actionPostureplaintiff's objection to defendant's preliminary objectionCoramMARY KASANGO
Holding
The court finds that Justice Waki had already ruled on the issue and that the plaintiff's further affidavit did not raise a new cause of action.
Facts
The defendant filed an affidavit on 21st September 1998, and the plaintiff filed a further affidavit on the same date, raising a new cause of action.
Issues
- whether the plaintiff's further affidavit raised a new cause of action
- whether the defendant's preliminary objection was valid
Reasoning
Justice Waki's ruling on the issue is binding, and the court will not allow the defendant to reopen the argument.
Outcome
The defendant's preliminary objection is 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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