DORCAS AYIETA AMUNGA vs UNITED INSURANCE COMPANY LIMITED [2001] KEHC 662 (KLR)
- Court
- High Court of Kenya
- Case number
- 662
- Citation
- [2001] KEHC 662 (KLR)
- Decided
- 31 July 2001
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant's preliminary objection to Plaintiff's Application to strike out the Defendant's defenceCoramALNASHIR VISRAM
Holding
The Plaintiff's Application to strike out the Defendant's defence is dismissed. The Preliminary Objection also fails.
Facts
The Plaintiff brought a suit for special and general damages under the Law Reform Act and the Fatal Accidents Act. The Defendant failed to pay the judgment awarded in a previous suit. The Plaintiff now seeks to strike out the Defendant's defence.
Issues
- Defect in the verifying affidavit
- Inadmissibility of exhibits in the supporting affidavit
- Capacity of the Plaintiff in the present suit
Reasoning
The Court finds that the Plaintiff's Application is not fatally defective and that the Defendant's defence should not be struck out.
Outcome
The Plaintiff's Application to strike out the Defendant's defence is dismissed.
Orders
- The Plaintiff's Application to strike out the Defendant's defence is dismissed.
- The Preliminary Objection also fails.
Authorities cited
Legislation (3)
- Law Reform Act (Cap. 26)
- Fatal Accidents Act (Cap. 32)
- Insurance Act (Cap. 405)
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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