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LUCY KURGAT
V.
FRANLINE YAOLA MANYONGE

(2020) JELR 99559 (CA)

Court of Appeal 6 Nov 2020 Kenya
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Case Details

Suit Number:Civil Appeal 101 of 2019
Judges:Daniel Kiio Musinga, William Ouko, Patrick Omwenga Kiage
Location:Nairobi
Other Citations:Lucy Kurgat v. Franline Yaola Manyonge [2020] eKLR

JUDGMENT OF THE COURT

We do not propose to spend much time on this appeal.

By a ruling delivered on 27th March 2019, Githinji, J. disallowed a preliminary objection raised by the appellant herein on the principal basis that what it purported to raise were not points of law and was thus unmerited.

In so finding, the learned Judge relied on the oft-cited case of MUKISA BISCUIT MANUFACTURING CO. LTD v. WEST END DISTRIBUTORS LTD [1969] EA 696 where the predecessor of this Court had set out the law on preliminary objections which courts in this country have unerringly followed for over half a century. Yet the appellant filed this appeal.

The respondent had filed an application dated 7th March 2018 before the court below seeking orders of stay of proceedings, and of orders previously given by that court, for cited grounds and supported by an affidavit. It is to that application that the appellant mounted a preliminary objection on the grounds that the same was defective, incompetent and incapab…

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