ATHUMANI M. BUNDO & ANOTHER v SHIYATOR HOLDINGS LTD [2009] KEHC 1083 (KLR)
- Court
- High Court of Kenya
- Case number
- 1083
- Citation
- [2009] KEHC 1083 (KLR)
- Decided
- 22 October 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant's preliminary objection to Originating SummonsCoramF. AZANGALALA, Ngigi, Abed
Holding
The court dismissed the defendant's preliminary objection.
Facts
The plaintiffs, Athumani M. Bundo and Sa'id R. Shaban, filed an Originating Summons against Shiyaor Holdings Ltd. The defendant, Shiyaor Holdings Ltd., filed a Notice of Preliminary Objection.
Issues
- Deficiency of Originating Summons
- Res Judicata
- Jurisdiction of the court
Reasoning
The court found the Originating Summons to be defective due to the lack of an extract of the title as required by the Civil Procedure Rules, but also noted that the plaintiffs had annexed a copy of the title itself.
Outcome
Defendant's preliminary objection dismissed
Authorities cited
Legislation (1)
- Civil Procedure Rules
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.
Loading judgment…