Bemuta Agencies Limited v Jatomy Enterprises Limited & another [2015] KEHC 1420 (KLR)
- Court
- High Court of Kenya
- Case number
- 1420
- Citation
- [2015] KEHC 1420 (KLR)
- Decided
- 8 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling dismissing a preliminary objectionCoramR. Njue
Holding
The court dismissed the appellant's appeal and found that it had jurisdiction to entertain the suit.
Facts
The appellant, Bemuta Agencies Limited, was the defendant in a suit filed by Jatomy Enterprises Limited and Geoffrey Gathu. The suit was based on an alleged breach of contract and the issue of jurisdiction.
Issues
- Whether the court had jurisdiction to try the issues in dispute
- Whether the appellant was required to file the suit in Nairobi
- Whether the court should apply the overriding objective as stated in section 1A and 1B of the Civil Procedure Act and Article 159 of the Constitution
Reasoning
The court found that the issue raised was one of jurisdiction based on section 15 of the Civil Procedure Act. The court concluded that it had jurisdiction to entertain the suit as the contract was to be completed in Embu town.
Outcome
Appeal dismissed
Orders
- The appellant's appeal is dismissed with costs to the respondent
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.
Loading judgment…