BETH WANJIRU KAMAU v SAVINGS & LOAN (K) LTD [2006] KEHC 2569 (KLR)
- Court
- High Court of Kenya
- Case number
- 2569
- Citation
- [2006] KEHC 2569 (KLR)
- Decided
- 5 May 2006
The court dismissed the application and the suit, finding that the Plaintiff had no capacity to file the suit and that the application was premised on the wrong procedure.
Facts
The Plaintiff, Beth Wanjiru Kamau, sought an order for the Defendant, Savings & Loan (K) Ltd, to render an account of all monies paid towards servicing a loan granted to her late husband. She also sought to continue servicing the loan account by monthly payments of KShs.100,000. The Defendant filed a preliminary objection, arguing that the application was defective, bad in law, and unsustainable.
Issues
- Defectiveness of the application
- Capacity of the Plaintiff to file the suit
- Procedural irregularities
Reasoning
The court ruled that the Plaintiff had no capacity to file the suit as she did not have the requisite grant of representation in respect of her deceased husband's estate. The court also found that the application was premised on the wrong procedure.
Outcome
Appeal dismissed
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