Bluaxis Construction Limited v Kenya National Highways Authority (Constitutional Petition E001 of 2024) [2025] KEHC 5688 (KLR) (8 May 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 5688
- Citation
- [2025] KEHC 5688 (KLR)
- Decided
- 8 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureRespondent seeks to strike out the application for lack of a resolution authorizing Joseph Kinyua Kamau to plead on behalf of the applicant.CoramFN MUCHEMI
Holding
The application is not fatally defective for want of filing a resolution authorizing Joseph Kinyua Kamau to plead on behalf of the applicant.
Facts
The respondent seeks to strike out the application due to the applicant not filing a resolution authorizing Joseph Kinyua Kamau to plead on their behalf. The applicant acknowledged this anomaly in their Supplementary Affidavit.
Issues
- Whether the application is fatally defective for want of filing a resolution authorizing Joseph Kinyua Kamau to plead on behalf of the applicant.
- Whether the orders sought for review and setting aside are warranted.
Reasoning
Courts have held that a resolution authorizing a director to plead on behalf of a company may be filed at any time before the suit is fixed for hearing.
Outcome
The application is not struck out.
Orders
- The application is not struck out.
Authorities cited
Cases cited (1)
- Spire Bank Limited vs Land Registrar & 2 Others [2019] 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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