Sireret Farmers Company Limited v William Audi Ododa [2000] KEHC 538 (KLR)
- Court
- High Court of Kenya
- Case number
- 538
- Citation
- [2000] KEHC 538 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike off defenceCoramP.K.K Arap Birech
Holding
The defence is frivolous, vexatious, and an abuse of the process of the court, and is therefore struck off.
Facts
The applicant, Sireret Farmers Company Limited, brought an application to strike off the defence filed by the respondent, William Audi Ododa, on 10th November, 1999. The defence was filed in response to a Chamber Summons under Order 6 Rule 13(I)(b) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.
Issues
- Whether the grounds of opposition and the replying affidavit were filed out of time.
- Whether the replying affidavit sworn by William Audi Ododa's counsel was valid.
Reasoning
The defence is frivolous and vexatious, and William Audi Ododa has no right to remain on the premises registered in the name of the Company. The defence is also an abuse of the process of the court.
Outcome
The application is allowed, and the defence is struck off.
Orders
- The defence is struck off.
- Judgment is entered for the plaintiff in terms of the plaint.
Authorities cited
Legislation (4)
- Civil Procedure Rules
- Civil Procedure Act
- Registered Land Act
- Order 21 of the Civil Procedure Rules
Cases cited (4)
- Central Bank of Kenya Limited vs Uhuru Highway Development Company Ltd
- Caneland Ltd
- DT Dobie
- Trivedi and Trivedi
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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