DEWDROP ENTERPRISES LIMITED v WAMBUGU WAMBUI ANGELINE T/A A.W. KINUTHIA & CO. ADVOCATES [2012] KEHC 592 (KLR)
- Court
- High Court of Kenya
- Case number
- 592
- Citation
- [2012] KEHC 592 (KLR)
- Decided
- 12 September 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial judgmentCoramL. NJAGI, G. V. ODUNGA
Holding
The Preliminary Objection is dismissed with costs to the Plaintiff and the Plaintiff is granted 14 days to file and serve a more compliant affidavit.
Facts
The Plaintiff, Dewdrop Enterprises Limited, filed an amended Originating Summons seeking orders for payment of Kshs. 361,504.00 and costs. The Defendant, Wambugu Wambui, filed a notice of Preliminary Objection.
Issues
- Defect in the supporting affidavit
- Procedural technicality
Reasoning
The court found the defect in the affidavit to be curable and not fatal, as the Managing Director of the Plaintiff Company was duly authorized to swear the affidavit.
Outcome
Appeal dismissed
Orders
- Preliminary Objection dismissed
- Plaintiff granted 14 days to file and serve a more compliant affidavit
Remedies
- Costs to the Plaintiff
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- MICROSOFT CORPORATION v MITSUMI COMPUTER GARAGE LTD. & ANOR.
- MUKISA BISCUIT MANUFACTURING CO. LTD v WEST END DISTRIBUTORS LTD
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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