VANISHING AFRICA LTD v SHELLA WELFARE GORUP (SWG) & 16 Others [2011] KEHC 3706 (KLR)
- Court
- High Court of Kenya
- Case number
- 3706
- Citation
- [2011] KEHC 3706 (KLR)
The preliminary objection is dismissed as the plaintiff has not filed a statement of defence and the issues raised are not the kind to be addressed by way of submission from the bar.
Facts
The plaintiff, Vanishing Africa Ltd, seeks to litigate on behalf of NEMA and Lamu County Council, alleging that the defendants are causing a nuisance by dumping rubble and building a sea wall in front of the plaintiff's plot.
Issues
- plaintiff's lack of locus to file suit
- suit is an abuse of court process
Reasoning
The court finds that the preliminary objection does not properly constitute a preliminary objection due to the lack of a statement of defence and the issues raised are not the kind to be addressed by way of submission from the bar. The omission in the verifying affidavit is a procedural technicality that does not prejudice either party.
Outcome
Preliminary Objection dismissed
Authorities cited
Cases cited (5)
- Shivji Natha Patel v Seifee Spares HCCC 265 of 1999
- Order XVIII Rule 4
- Order XVIII Rule 7
- Section 1A of the Civil Procedure Act
- Section 159(d) of the Constitution of Kenya
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