Patrick Gitonga Muguku v Gilbert Maina Ngei & 3 others [2021] KEELC 3271 (KLR)
- Court
- Environment & Land Court
- Case number
- 3271
- Citation
- [2021] KEELC 3271 (KLR)
- Decided
- 12 May 2021
Summary at a glance
TypeCivilPostureApplication for determination of a Notice of Motion to strike out the Plaintiff's suit against the 4th DefendantCoramMadan
The Plaintiff's suit against the 4th Defendant should not be struck out.
Facts
The Plaintiff filed a suit against the 4th Defendant (Username Investment Limited) for refund of purchase price and damages. The 4th Defendant sought to have the Plaintiff's suit against it struck out.
Issues
- Whether the Plaintiff's suit against the 4th Defendant should be struck out.
- Who should bear the costs of the 4th Defendant.
Reasoning
The court found that the Plaintiff's suit does not disclose no reasonable cause of action against the 4th Defendant and that the application to strike out the suit is scandalous, frivolous and vexatious.
Outcome
The Plaintiff's suit against the 4th Defendant was not struck out.
Orders
- The Plaintiff's suit against the 4th Defendant was not struck out.
- The costs of the application are to be borne by the Plaintiff.
Authorities cited
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