Western Airways Limited v UBA Bank Kenya Limited & another [2016] KEHC 110 (KLR)
- Court
- High Court of Kenya
- Case number
- 110
- Citation
- [2016] KEHC 110 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to strike out the Plaintiff's suitCoramHavelock, Musinga, Nyamu, Odunga
Holding
The Application is dismissed with costs
Facts
The Plaintiff filed a suit on 10th October 2011 seeking an injunction against the sale of the suit property. The suit was certified as urgent, and the Plaintiff paid fees for the certificates of urgency. The Defendant filed a Notice of Appointment of Advocates on 8th November 2011.
Issues
- Whether the Plaintiff has taken out summons
- Whether the suit is improperly before the court
Reasoning
The Plaintiff did not appear to have been given a reason for the failure to issue the Summons. The Defendant did not raise the issue of jurisdiction at the earlier opportunities presented, and is now estopped from raising it. No direct prejudice to the Defendant is apparent.
Outcome
Dismissed
Orders
- The Application is dismissed with costs
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…