Overdrive Consultants Ltd v Kenya Power & Lighting Company Ltd & another [2012] KEHC 2516 (KLR)
- 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
- Defectiveness of the 2nd Defendant's application
- 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
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