ASL Credit Limited v Abdi Basid Sheikh Ali & another [2019] KEHC 9216 (KLR)
- Court
- High Court of Kenya
- Case number
- 9216
- Citation
- [2019] KEHC 9216 (KLR)
- Decided
- 11 March 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCommercial DisputePosturePreliminary Objection to ApplicationCoramM.W.Muigai
Holding
The Preliminary Objection is dismissed with costs to the Respondent.
Facts
The Plaintiff, ASL Credit Limited, filed an application against the Defendants, Abdi Basid Sheikh Ali and Hafsa K. S. Ali, seeking to enforce a loan agreement. The Defendants filed a Notice of Preliminary Objection alleging that the case was sub judice due to a pending suit.
Issues
- Sub judice doctrine under Section 6 of the Civil Procedure Act
- Principle of veil of incorporation
- Exhaustion of recovery mechanisms
- Inclusion of principal debtor
Reasoning
The court dismissed the preliminary objection, stating that the issues in the subsequent suit can be conveniently and properly adjudicated upon in the previous suit, and that the doctrine of sub judice does not apply.
Outcome
The case proceeds to the hearing of the application.
Orders
- Preliminary Objection dismissed with costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (3)
- Republic v Registrar of Societies - Kenya & 2 Others [2017] eKLR
- Barclays Bank Of Kenya Ltd vs. Elizabeth Agidza & 2 Others [2012]eKLR
- Thika Min Hydro Co. Ltd vs. Josphat Karu Ndwiga (2013) eKLR
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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