ARISTOCRATS CONCRETE COMPANY LIMITED v MAVOKO MUNICIPAL COUNCIL [2009] KEHC 684 (KLR)
- Court
- High Court of Kenya
- Case number
- 684
- Citation
- [2009] KEHC 684 (KLR)
- Decided
- 18 September 2009
The suit and proceedings are struck out due to the defect in the description of the defendant and the nullity of the proceedings.
Facts
The plaintiff, Aristocrats Concrete Company Limited, filed a suit against the defendant, Mavoko Municipal Council, alleging that the council had breached a memorandum of agreement by not remitting toll charges. The defendant denied construction of the road and claimed the agreement was void due to lack of ministerial approval.
Issues
- Validity of the memorandum of agreement
- Description of the defendant
- Nullity of the suit
Reasoning
The court found that the description of the defendant was defective and that the memorandum of agreement was null and void due to the lack of ministerial approval. The court also noted that the plaintiff's claim for goods supplied to the defendant could be distinct from the claim based on the memorandum or agreement.
Outcome
The suit and proceedings are struck out with costs to the defendant.
Orders
- The suit and proceedings are struck out
Remedies
- The plaintiff will be at liberty to revisit the drawing board, redraft the plaint, describe the defendant properly, seek leave to present the suit out of time, and thereafter proceed according to law.
Loading judgment…