Rvist v Group Trd Development Kenya Ltd & 2 others (Commercial Miscellaneous Application 013 of 2023) [2024] KEHC 3635 (KLR) (Commercial and Tax) (15 April 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 3635
- Citation
- [2024] KEHC 3635 (KLR)
- Decided
- 15 April 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCommercial Miscellaneous ApplicationPostureRespondents filed a preliminary objection, and the Applicant opposed it.CoramJWW MONG'ARE, KA
Holding
The Court finds the Respondents' preliminary objection does not meet the threshold of what constitutes a preliminary objection.
Facts
The Applicant filed a notice of motion application seeking summary judgment against the Respondents. The Respondents raised a preliminary objection based on the Applicant's verifying affidavit.
Issues
- Whether the Respondents' notice of preliminary objection is merited.
- Whether the defendants' defense should be struck out and summary judgment entered in favor of the Applicant as against the Respondents.
Reasoning
The Court ruled that the Respondents' objection was not a pure point of law but required evidence to be examined.
Outcome
The Court dismissed the Respondents' preliminary objection.
Orders
- The Court will not enter summary judgment against the Respondents.
- The Court will not strike out the defendants' defense.
Authorities cited
Legislation (2)
- Civil Procedure Act, 2012
- Civil Procedure Rules 2012
Cases cited (1)
- Pastificio Lucio Garofalo SPA v Security & Fire Equipment Co & Anor [2001] 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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