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M’nyeri M’rinkuri v Bernard Gitari Mugera & 5 others [2020] KEHC 3094 (KLR)

[2020] KEHC 3094 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3094
Citation
[2020] KEHC 3094 (KLR)
Decided
22 September 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks to hear grounds of opposition before proceeding with other hearings.CoramP. M. NJOROGE
Holding

Grounds of opposition are to be considered in the main suit or application.

Facts

No specific material facts provided in the judgment.

Issues

  1. Grounds of opposition vs preliminary objections
  2. Substitution of respondent

Reasoning

The court ruled that conflating grounds of opposition with preliminary objections is incorrect and grounds of opposition are always considered in the main suit or application.

Outcome

The applicant's oral application is denied.

Orders

  • Applicant to file written submissions within 14 days
  • Respondents to file written submissions within 14 days after receipt of the applicant's submissions
  • Substitution of respondent by notice of motion dated 18th August, 2017 is allowed
  • Ignatius Mutegi Muga to be properly served within the next 10 days
  • Parties to come to court for directions on 21.10.2020
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.
Full judgment 0.1 MB · PDF

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