Emmanuel Mambo and 2 Others v Dingkuii Deng Goc Ayuel (H.C.Miscellaneous Application No. 1291 of 2020)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court dismissed objections to an interlocutory application in a land suit. The affidavit sworn by the first applicant in his own capacity was held competent. Arguments on locus standi and the nature of the suit land were held premature for determination at the interlocutory stage and reserved for the main suit. The plaint was found not barred by law.

Outcome

Interlocutory objections dismissed; matter to proceed to hearing on the merits

Facts

The applicants brought a miscellaneous application arising from Civil Suit No. 543 of 2019 in the Land Division. The respondent objected that the affidavit in support was incompetent because it was sworn by the first applicant in his own capacity rather than a representative capacity. The respondent also argued that the plaint disclosed no cause of action and was barred by law. The court considered these preliminary objections.

Issues

1. Whether the affidavit in support was incompetent for being sworn by the 1st Applicant in his own capacity rather than a representative capacity.
2. Whether the plaint disclosed a cause of action against the Applicants.
3. Whether the plaint was barred by law.

Orders

• The affidavit in support was not incompetent.
• Arguments on locus standi and the nature of the suit land are premature and shall be determined in the main suit.
• The plaint is not barred by law.
• Costs of the application shall be in the cause.

Rules and key headnotes

The original judgment as reported. Read the original PDF before relying on any passage.