Nyaguthii Transporters Limited v Michael Kimani Kariuki & 5 others [2014] KEHC 5464 (KLR)
- Court
- High Court of Kenya
- Case number
- 5464
- Citation
- [2014] KEHC 5464 (KLR)
- Decided
- 4 April 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPosturePreliminary ObjectionCoramL N WAITHAKA, L N WIATHAKA
Holding
The preliminary objection is dismissed with costs to the objector.
Facts
Nyaguthii Transporters Limited filed a suit against Michael Kimani Kariuki and others, alleging that the defendants had failed to comply with certain procedural requirements of the Civil Procedure Rules.
Issues
- whether the preliminary objection is proper
- whether the suit offends Order 4 Rule 1(4) and 1(6) of the Civil Procedure Rules
Reasoning
The court found that the plaintiff's director had the authority to swear the verifying affidavit, and the defendants did not prove the preliminary objection.
Outcome
The preliminary objection is dismissed.
Orders
- The preliminary objection dated 15th May 2013 is dismissed with costs to the objector.
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Companies Act Cap 486
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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