CHRIST CHAPEL MINISTRIES V GLORIA NDUNGE KATEE [2013] KEHC 3255 (KLR)
- Court
- High Court of Kenya
- Case number
- 3255
- Citation
- [2013] KEHC 3255 (KLR)
- Decided
- 24 May 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an order granting interim ordersCoramL. N. GACHERU
Holding
The court overrules the preliminary objection and orders that the Notice of Motion dated 23/1/2013 be heard and determined on merit.
Facts
The plaintiff brought a Notice of Motion dated 23/1/2012 and interim orders were granted. The defendant raised a preliminary objection stating lack of locus standi and res judicata.
Issues
- Locus standi of the plaintiff
- Res judicata
Reasoning
The court considers the provisions of the Civil Procedure Act and Article 159(2) of the Constitution, emphasizing the overriding objective of just and expeditious resolution of civil disputes. The court rules that the plaintiff should be given an opportunity to prosecute the Notice of Motion.
Outcome
Appeal dismissed
Orders
- Notice of Motion dated 23/1/2013 be heard and determined on merit
Authorities cited
Legislation (1)
- Civil Procedure Act
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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