Bellevue Development Company Limited v Vinayak Builders Limited & Another [2014] KEHC 2552 (KLR)
- Court
- High Court of Kenya
- Case number
- 2552
- Citation
- [2014] KEHC 2552 (KLR)
- Decided
- 6 October 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out preliminary objection and replying affidavitCoramF. GIKONYO
Holding
The preliminary objection and replying affidavit are not struck out as the service was on Friday, the 27th June, 2014, and the requirement of three clear days before the date for hearing is satisfied.
Facts
The application was made on 13th June, 2014, and the preliminary objection and replying affidavit were served on the applicant on the previous Friday, 27th June, 2014.
Issues
- Service of preliminary objection and replying affidavit
- Fair hearing
Reasoning
The court ruled that the service was on Friday, the 27th June, 2014, and the requirement of three clear days before the date for hearing is satisfied under Order 51 rule 9 of the Civil Procedure Rules.
Outcome
Application to strike out preliminary objection and replying affidavit dismissed
Orders
- Substantive application to be heard expeditiously
Authorities cited
Legislation (1)
- 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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