Andrew Daniel Mbogo v Excel Mwangi [2020] KEELC 2571 (KLR)
- Court
- Environment & Land Court
- Case number
- 2571
- Citation
- [2020] KEELC 2571 (KLR)
- Decided
- 20 May 2020
The Court will not strike out the Defendant's Defence and Counterclaim as they raise triable issues and the matter should proceed to full trial.
Facts
The Plaintiff, Andrew Daniel Mbogo, sought to have the Defendant's Defence and Counterclaim struck out, claiming they disclose no reasonable cause of action or defence in law, are scandalous, frivolous, and vexatious. The Defendant, Excel Mwangi, opposed the application, asserting that his Defence and Counterclaim raise triable issues.
Issues
- Whether the Defendant's statement of Defence including the counterclaim should be struck out.
- Whether the Plaintiff's application should be deemed unopposed.
Reasoning
The Court found that the Defendant's Defence and Counterclaim raise triable issues and that the Plaintiff's application should not be deemed unopposed. The Court will allow the matter to proceed to full trial.
Outcome
The Plaintiff's application to strike out the Defendant's Defence and Counterclaim was denied.
Orders
- The Defendant's Defence and Counterclaim will proceed to full trial.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (10)
- Kivanga Estate Limited v National Bank of Kenya Limited (2017) eKLR
- Continental Butchery Limited v Samson Musila Nthiwa Civil Appeal No. 35 of 1977
- Civil Application No. 26 of 2018 Gideon Sitelu Konchellah v Julius Lekakeny Ole Sunkuli & 2 Others
- Raila Amolo Odinga & Another v Independent Election & Boundaries Commission Petition No. 1 of 2017
- Central Bank of Kenya v Uhuru Highway Development Ltd & Others Civil Appeal No. 75 of 1998
- Cooperative Merchant Bank Ltd v George Fredrick Wekesa Civil Appeal No. 54 of 1999
- Delphis Bank Limited v Caneland Limited (2014) eKLR
- Civil Appeal No. 12 of 2018 UAP Insurance v Lameck Bororio Mwene
- Job Kiloch v Nation Media Group Ltd, Salaba Agencies Ltd & Michael Riorio (2015) eKLR
- Desbro (Kenya) Ltd v Polypipes Limited & Trident Insurance Co. Ltd (2018) eKLR
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