AI-generated case brief
Case Brief · caselaw.co.ke
ELCOtherNot stated in the judgment· [2017] KEELC 146 (KLR)
Jamhuri Douglas Makinya v Douglas Arithi Makinya [2017] KEELC 146 (KLR)
AI-assisted case brief
·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan High Court defendant withdrew its bid to strike out a contract suit, with no costs, and the case now proceeds under case-management rules.
What this practically means
#Executive summary
#This short ruling by the High Court at Chuka (P.M. Njoroge, Judge) disposed of a preliminary objection dated 19th July 2013 filed by the defendant in an ongoing civil suit. The objection sought to strike out the plaintiff's suit as fatally defective for contravening section 3(3) of the Law of Contract Act Cap 23, with costs to the defendant and liberty to prosecute the defendant's counterclaim. Although the parties had filed written submissions, on 2nd October 2017 advocate Muriithi for the defendant wrote to the court intimating unconditional withdrawal of the preliminary objection. The court marked the objection as withdrawn, ordered no costs, and gave case-management directions: the plaintiff to fully comply with Order 11 of the Civil Procedure Rules within 14 days, the defendant to comply within 14 days after receipt of the plaintiff's compliance documents, and Mr. Muriithi to serve the day's orders on the plaintiff's advocate within 10 days. Directions were fixed for 8th November 2017. No determination was made on the merits of the preliminary objection, the section 3(3) argument, or the suit itself, and no proposition of law was established. The suit remains pending before the court.
Key legal issues
#Legal principles established
#Court orders
#- 1.The Preliminary Objection dated 19th July 2013 is marked as withdrawn
- 2.No costs are ordered
- 3.The plaintiff to fully comply with Order 11, CPR within 14 days of the ruling date
- 4.The defendant to comply with Order 11 within 14 days after receipt of the plaintiff's compliance documents
- 5.Mr. Muriithi for the defendant to serve the orders issued today upon the plaintiff's advocate within 10 days
- 6.Directions on 8.11.2017
- Jurisdiction invoked
- Original civil suit jurisdiction; no specific constitutional or statutory provision invoked for jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jamhuri Douglas Makinya v Douglas Arithi Makinya [2017] KEELC 146 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/146/eng@2017-10-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.