Nakuru Water and Sanitation Services Company Limited v County Government of Nakuru & 4 others [2014] KEHC 2080 (KLR)
- Court
- High Court of Kenya
- Case number
- 2080
- Citation
- [2014] KEHC 2080 (KLR)
- Decided
- 21 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondents filed a Notice of Preliminary Objection to the Applicant's Notice of Motion.CoramA. MSHILA
Holding
The Preliminary Objection is hereby overruled.
Facts
Nakuru Water and Sanitation Services Company Limited filed a Notice of Motion under a Certificate of Urgency alleging that the Respondents called for an extra ordinary general meeting in violation of the requisite 21 days' notice set under the Companies Act. The Respondents filed a Notice of Preliminary Objection.
Issues
- whether to uphold the Preliminary Objection
Reasoning
The court found that the Preliminary Objection does not meet the threshold set down in Mukisa Biscuits (supra) as the points raised on 'Locus Standi' and the resolution giving the mandate to institute the suit have to be ascertained and determined by evidence.
Outcome
The suit is transferred to the Industrial Court.
Orders
- Preliminary Objection overruled
- Costs to be in the cause
- Suit transferred to the Industrial Court for directions
Authorities cited
Cases cited (1)
- Mukisa Biscuits Manufacturing Company Limited V. West End Distributors Limited, (1969) EA 696
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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