G M v D M M [2016] KEHC 2019 (KLR)
- Court
- High Court of Kenya
- Case number
- 2019
- Citation
- [2016] KEHC 2019 (KLR)
- Decided
- 1 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePreliminary Objection on point of law filed by the PlaintiffCoramE.K.O. OGOLA
Holding
The Preliminary Objection raises a pure point of law and there is a possible conflict of interest on the part of the advocates representing the Defendant.
Facts
The Plaintiff filed an Originating Summons seeking to determine and declare questions regarding the ownership and valuation of matrimonial properties, and to restrain the Defendant from disposing of the properties.
Issues
- Whether there is a conflict of interest as regards counsel for the Defendant on account of having acted for both parties in the acquisition and purchase of the matrimonial property.
- Whether the Preliminary Objection raises a pure point of law.
Reasoning
The court finds that the Defendant's counsel had acted for both parties in the acquisition of the matrimonial property, and that this could prejudice the Plaintiff in the determination of the questions raised in the Originating Summons.
Outcome
The Preliminary Objection is upheld 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.
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