Priska Onyango Ojuang’ & another v Henry Ojwang Nyabende [2018] KEELC 4500 (KLR)
- Court
- Environment & Land Court
- Case number
- 4500
- Citation
- [2018] KEELC 4500 (KLR)
- Decided
- 21 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous civil suitCoramS.M. KIBUN, S.M. KIBUN
Holding
The court found that the counterclaim was not a proper suit as it was filed without a verifying affidavit and that the Defendant is not entitled to the prayer sought.
Facts
The Plaintiffs filed a plaint on November 8, 2011, and the Defendant filed a counterclaim on November 16, 2011. The Defendant sought leave to file a verifying affidavit out of time.
Issues
- Whether a counterclaim filed without a verifying affidavit is a proper suit.
- Whether a verifying affidavit can be filed long after the counterclaim has been filed.
- Whether the Defendant is entitled to the prayer sought.
- Who pays the costs.
Reasoning
The court considered the grounds on the notice of motion, affidavit evidence, grounds of opposition, and submissions by counsel for the Defendant.
Outcome
The application for leave to file a verifying affidavit was denied.
Orders
- The application for leave to file a verifying affidavit was denied.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…