Dupoto Group Limited v Kenya Airports Authority & another [2013] KEHC 381 (KLR)
- Court
- High Court of Kenya
- Case number
- 381
- Citation
- [2013] KEHC 381 (KLR)
- Decided
- 14 November 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a preliminary objection to a motion for an injunctionCoramP. NYAMWEYA
Holding
The Plaintiff's claim against the 2nd Defendant is not a clear case for striking out the Plaint, and the 2nd Defendant's application to strike out the suit is dismissed.
Facts
The Plaintiff claims that the 2nd Defendant has fraudulently allocated suit property to third parties and has illegally entered and demolished structures on the Plaintiff's land.
Issues
- Jurisdiction of the court
- Validity of the Plaintiff's claim against the 2nd Defendant
Reasoning
The court found that the Plaintiff's pleadings show triable issues and that evidence cannot be brought to strike out the suit on the basis that it discloses no reasonable cause of action.
Outcome
The 2nd Defendant's application to strike out the suit is dismissed.
Orders
- The 2nd Defendant's application to strike out the suit is dismissed.
- The costs of the 2nd Defendant's Notice of Motion shall be in the cause.
Remedies
- Permanent injunction
- Damages
- Mandatory injunction
Authorities cited
Legislation (2)
- Kenya Airports Authority Act (Cap 385 of the Laws of Kenya)
- Civil Procedure Rules
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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