The issue raised in the Preliminary Objection and application to strike is whether ALICE NYOMENDA OERI is a partner is the firm of Morara Ngisa Advocates which firm is the subject of the proceedings for enforcement of the undertaking. Whether a party is a partner is a question of fact and evidence hence it cannot form the basis of a Preliminary Objection. Moreover, counsel for the Defendants concedes that the name of Ms Oeri appeared on the letter head of the firm. She therefore held herself out as a partner of the firm and may be liable. All these questions will now be determined at the hearing of the suit.
The Preliminary Objection dated 20th September 2022 and application dated 12th July 2022 are dismissed with costs to the Plaintiff.
Parties are directed to file their respective affidavits. Mention on 04th November 2022 for directions and further orders.
DATED and DELIVERED at NAIROBI this 7th day of OCTOBER 2022
D. S. MAJANJA
JUDGE