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PHILIKONA HAMISI NDOLWA & 4 OTHERS v NATIONAL HOUSING CORPORATION & ANOTHER [2007] KEHC 2681 (KLR)

[2007] KEHC 2681 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2681
Citation
[2007] KEHC 2681 (KLR)
Decided
23 February 2007
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypecivilPostureappeal from original trialCoramL. NJAGI
Holding

The preliminary objection is upheld and the suit struck out with costs to the defendants.

Facts

The plaintiffs, suing on behalf of 700 tenants, filed a suit against the defendants. The 1st defendant filed a notice of preliminary objection stating that the plaintiffs did not obtain authority to act for the other 700 tenants as required by Civil Procedure Rules.

Issues

  1. authority of plaintiffs to represent 700 tenants
  2. compliance with Civil Procedure Rules

Reasoning

The plaintiffs did not obtain authority to act for the other 700 tenants as required by Civil Procedure Rules, and the application was not made under Order 1 rule 12.

Outcome

The suit was struck out with costs to the defendants.

Orders

  • suit struck out with costs to the defendants
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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