Solaris Energy U.S Inc v Tavez Connection Limited, Abel Makau & National Bank of Kenya (Civil Suit 74 of 2019) [2020] KEHC 6318 (KLR) (Commercial and Tax) (14 April 2020) (Ruling)
- Court
- High Court of Kenya
- Case number
- 6318
- Citation
- [2020] KEHC 6318 (KLR)
- Decided
- 14 April 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPosturePreliminary Objections to SuitCoramMARY KASANGO
Holding
The objections are dismissed with costs, except for the objection regarding the provisions of Order 4 Rule 4 of the Civil Procedure Rules, which is upheld.
Facts
The plaintiff filed a suit against the 1st and 2nd defendants, alleging breach of contract. The defendants raised preliminary objections.
Issues
- Undated and unsigned plaint
- Lack of authorization for the plaintiff's advocate to file the suit
- Lapse in form and procedure in the verifying affidavit
Reasoning
The court finds that the objections are not well-founded and that the plaintiff's pleadings are in compliance with the rules. The court orders the plaintiff to file a verifying affidavit that complies with the Civil Procedure Rules.
Outcome
The suit is allowed to proceed.
Orders
- The plaintiff is ordered to file a verifying affidavit that complies with Order 4 Rule 4 of the Civil Procedure Rules within 30 days.
- The plaintiff is ordered to serve the defendants with pleadings that are dated and signed.
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (5)
- J. N. & 5 others v Board of Management St G. School Nairobi & Another (2017) eKLR
- Arthi Highway Developers Limited v West End Butchery Limited & 6 Others (2015) eKLR
- Bugerere CoffeeGrowers Ltd v Sebaduka & Anor (1970) 1 EA 147
- Tatu Naiga& Emporium vs. Virjee Brothers Ltd Civil Appeal No 8 of 2000
- United Assurance Co. Ltd v Attorney General (SCCA NO.1 of 1998)
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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