What is before the court is the 2nd and 3rd Defendant’s Notice of preliminary Objection dated 28.07.2021 seeking to strike out the suit against them on the ground they are non-suited as they are liable for the issues of fraud alleged against them.
I have noted the issues in question is concern fraud which is a question of fact. Proof of fraud may render the 2nd and 3rd Defendants personally liable. I therefore dismiss the preliminary objection as the issues raised require the court to consider contested facts.
Mention on 25.02.2022 for pre-trial directions.
DATED and DELIVERED at NAIROBI this 26th day of JANUARY 2022
D. S. MAJANJA
JUDGE