ARTESIAN (K) LTD V REGISTERED TRUSTEES, AGRICULTURAL SOCEITY OF KENYA [2012] KEHC 4493 (KLR)
- Court
- High Court of Kenya
- Case number
- 4493
- Citation
- [2012] KEHC 4493 (KLR)
- Decided
- 28 March 2012
The legal entity of the respondent is a corporate body, and the suit should be reinstated for hearing.
Facts
Appellant filed a contract dispute with the respondent, a registered trust of Agricultural Society of Kenya, seeking an injunction to prevent the respondent from taking over the site and completing the work with another contractor. The appellant filed an application for an injunction on February 2, 2010, which was dismissed by the Hon. Magistrate on October 15, 2010. The appellant then filed an appeal on November 11, 2010.
Issues
- Injunction
- Legal entity of respondent
Reasoning
The court held that the respondent is a corporate body and correctly sued, thus the suit should not have been dismissed.
Outcome
The appeal is allowed, the decision is set aside, and the application for injunction is reinstated.
Orders
- The application of 2nd February 2010 to remain dismissed.
- The Hon. Trial Magistrate erred in striking out the suit.
Authorities cited
Cases cited (8)
- Kobo Safaris Ltd – Vs – About Africa Ltd & 2 Others
- Agricultural Society of Kenya – Vs – Meru Golf Course Ltd & 2 Others
- Simu Vendors Association – Vs – The Town Clerk, City Council of Nairobi & Minister of Local Government
- Geoffrey Ndirangu & 5 Others – Vs – The Chairman of Mariakani Jua Kali Association & 2 others
- Jane Nyambura Joshua – Vs – Apostolic Faith Church
- Ngorika Farmers Co-op Society Ltd – Vs – John Kiarie & 2 others
- Abdinoor Dima Jillo issuing as the secretary and on behalf of Dames Association – Vs – County Council of Isiolo & 4 others
- James Gitonga – Vs – Trustees of the Agricultural Society of Kenya
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