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Overdrive Consultants Ltd v Kenya Power & Lighting Company Ltd & another [2012] KEHC 2516 (KLR)

[2012] KEHC 2516 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2516
Citation
[2012] KEHC 2516 (KLR)
Decided
30 August 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePreliminary Objection to Chamber SummonsCoramM. K. Ibrahim, J.W. Mwerah
Holding

The Preliminary Objection is overruled with costs to the 2nd Defendant, and the Chamber Summons application will proceed for hearing on merit.

Facts

The Plaintiff raised a Preliminary Objection against the Chamber Summons application of the 2nd Defendant, alleging it was fatally defective and should be struck out.

Issues

  1. Defectiveness of the 2nd Defendant's application
  2. Prematurity of the application

Reasoning

The court found the application was not supported by affidavits contrary to the Civil Procedure Rules and was not premature.

Outcome

Overruled

Orders

  • Chamber Summons application dated 11th November 2009 will proceed for hearing on merit

Authorities cited

Cases cited (1)
  • D.T. Dobie case
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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