|Civil Case 153 of 2009
|TEENAGE MOTHERS AND GIRLS ASSOCIATION OF KENYA (TEMAK) & JOAB OTHATCHER v WAYNE D. MCLEMORE
|26 Nov 2010
|High Court at Kisumu
|TEENAGE MOTHERS AND GIRLS ASSOCIATION OF KENYA (TEMAK) & another v WAYNE D. MCLEMORE  eKLR
|The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
IN THE HIGH COURT OF KENYA
CIVIL CASE NO.153 OF 2009
R U L I N G
2. The defendant filed a defence on the 2nd of February 2010 and a replying affidavit to the chamber summons on the 13th of November 2009. On the 2nd and 4th February 2010 the respondent filed notices for preliminary objection both to the effect that the 1st plaintiff had not verified the contents of the plaint nor given authority to the 1st plaintiff to swear the affidavit on its behalf.
4. Order V11 Rule 1(2) of the Civil Procedure provides as follows:
I do agree with the plaintiffs counsel that the defendant ought to have moved the court by way of an application and not a notice of Preliminary Objection in an attempt to apply the above quoted order as sub-rule (2) is clear that the defendant ought to make an application. See the case of Lotan Versus Starlit Insurance Brokers Limited  2 E.A. at 551. In the circumstances preliminary objection therefore fails.
1. That the 1st plaintiff is described as a non-governmental organization. Its legal persona is not described. Is it a legal entity capable of suing or being sued or is it to be sued through its registered officials.
3. An official of the 1st plaintiff may wish to verify the contents of the plaint by signing the affidavit.
1. The plaint be amended to incorporate the above observation;
3. All the above be done within the next 14 days of the date hereof.
4. A mention date be filed to confirm compliance.
J U D G E