Daniel Kipchirchir Komen v Isaac Kipkemei Terer & Paul’s Cookiemans Ltd [2020] KEELC 3237 (KLR)
- Court
- Environment & Land Court
- Case number
- 3237
- Citation
- [2020] KEELC 3237 (KLR)
- Decided
- 5 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a preliminary objectionCoramS. M. KIBUNJA
Holding
The court finds merit in the defendant's preliminary objection on the ground of abuse of court process and strikes out the plaintiff's chamber summons.
Facts
The plaintiff filed an application for a chamber summons, which the defendant filed a notice of preliminary objection to. The plaintiff's earlier application was dismissed on the grounds of failure to prosecute.
Issues
- Whether the plaintiff's subsequent application was res judicata
- Whether the plaintiff's application was filed in accordance with the Civil Procedure Act
Reasoning
The court dismissed the plaintiff's earlier application due to failure to prosecute. The subsequent application was filed after the deadline and was an abuse of the court's process.
Outcome
The plaintiff's chamber summons is struck out with costs.
Orders
- The plaintiff's chamber summons dated and filed on the 12th September, 2019 is hereby struck out with costs.
Authorities cited
Legislation (1)
- Civil Procedure Act, 2010
Cases cited (5)
- Mukisa Biscuits Manufacturing Company Ltd (1969) E. A. 696
- Omondi Vs National Bank of Kenya & Others (2001) KLR 579
- Uhuru Highway Development Ltd. Vs Central Bank of Kenya & 2 Others [1996] eKLR
- Mburu Kinyua Vs Gachini Tuti (1978) KLR 69
- Independent Electoral and Boundaries Commission Vs Maina Kiai & 5 Others, Nairobi Court of Appeal Civil Appeal No. 105 of 2017 [2017] eKLR
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.
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