George Gikubu Mbuthia v Consolidated Bank of Kenya Limited & another [2017] KECA 300 (KLR)

Facts

The appellant filed a charge on a property to secure a loan, which the chargee exercised its statutory power of sale and transferred the property to the 2nd respondent. The appellant then filed numerous applications over 31 years, including one for striking out the 1st respondent's amended defences and counterclaims.

Issues

1. Whether the 1st respondent's amended defences and counterclaims were filed without leave of court
2. Whether the appellant's application for striking out the 1st respondent's pleadings was res judicata
3. Whether the appellant's application was an abuse of the court process

Reasoning

The court found that the appellant's application was res judicata as it was similar to an earlier application that was dismissed. The court also found that the appellant failed to prove that the 1st respondent's predecessor was placed under statutory management, and the application was brought after inordinate delay.

Outcome

Appeal dismissed

Authorities cited