Kihoro & others v Attorney General & another (Civil Appeal 149 of 2009) [2016] KEHC 4222 (KLR) (19 July 2016) (Judgment)
- Court
- High Court of Kenya
- Case number
- 4222
- Citation
- [2016] KEHC 4222 (KLR)
- Decided
- 19 July 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a Ruling of Hon. S. Muketi, C.M.CoramAganyanya, Anganyanya, Fletcher Moulton L., Gikonyo, Lenaola, Madan, McRuer C., Mwera, Nambuye, Ochieng, Wendo, Wendoh
Holding
The learned Magistrate was correct in upholding the Respondents' preliminary objection.
Facts
The appellants filed a plaint in the lower court naming the second Respondent as Nyeri Municipal Council, while the Respondents argued that the only entity in existence was the Municipal Council of Nyeri.
Issues
- Whether a pleading that does not describe a local authority in the manner stipulated under the provisions of Section 12(3) of the Local Government Act is fatally defective.
- Whether the learned Magistrate was correct in upholding the Respondents' preliminary objection.
Reasoning
The appellants' pleading was fatally defective as it did not describe the local authority in the manner stipulated under the provisions of Section 12(3) of the Local Government Act.
Outcome
Affirmed
Orders
- Each party to bear its/his own costs for this appeal.
Authorities cited
Legislation (2)
- Local Government Act
- Urban areas and Cities Act
Cases cited (4)
- R. v. Nor. Elec. Co.
- R. v. Groves
- Mamraj vs Sabri Devi
- Osborn V. Bank of the United States
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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