Harun Ntoruru Nashon & 6 others v County Government of Mombasa [2022] KEELC 243 (KLR)
- Court
- Environment & Land Court
- Case number
- 243
- Citation
- [2022] KEELC 243 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out defence and for judgment in favor of plaintiffsCoramJUSTICE MUNYAO SILA
Holding
Application to strike out the defendant's defence is denied and the application is dismissed.
Facts
Plaintiffs claim an agreement with the defendant to develop stalls within Kongowea market, alleging the defendant has breached the agreement by demolishing and threatening to demolish their structures. The defendant denies the plaintiffs' suit and puts them to strict proof.
Issues
- Whether the defendant's defence can be considered a sham
- Whether the defendant should be given an opportunity to ventilate their defence
Reasoning
The defendant's defence raises triable issues and should not be struck out without giving them a chance to be heard.
Outcome
Application dismissed
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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