Evanson Jidraph Kamau Waitiki v Kenya Power & Lighting Company Ltd [2017] KECA 526 (KLR)
- Court
- Court of Appeal
- Case number
- 526
- Citation
- [2017] KECA 526 (KLR)
The court held that the appellant's claim for compensation was not an abuse of court process and ordered the respondent to provide evidence to support its claim.
Facts
The appellant, Evanson Jidraph Kamau Waitiki, bought a farm in Likoni, Mombasa in 1975. In 1999, the Likoni clashes led to his eviction and the suit land was occupied by squatters. The appellant sought to evict them, but the respondent, Kenya Power & Lighting Company Ltd, claimed the appellant had already been fully compensated.
Issues
- Whether the appellant's claim for compensation for the suit land is an abuse of court process
- Whether the respondent's claim that the appellant had already been fully compensated is valid
Reasoning
The court applied Order 2 Rule 15(1)(d) of the Civil Procedure Rules, emphasizing that striking out pleadings is a drastic remedy to be used sparingly. The court ruled that the respondent must prove the appellant's claim is an abuse of court process.
Outcome
Affirmed
Orders
- The respondent to provide evidence to support its claim that the appellant had already been fully compensated
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Order 2 Rule 15(1)(d)
Cases cited (3)
- Water Resources Management Authority v. Kensalt Limited
- Muchanga Investments Limited v. Safaris Unlimited
- Jetlink Express Limited v. East African Safari Air Express Ltd
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