Pastificio Lucio Garofalo SPA v Security & Fire Equipment Co & another [2001] KEHC 840 (KLR)
- Court
- High Court of Kenya
- Case number
- 840
- Citation
- [2001] KEHC 840 (KLR)
- Decided
- 3 July 2001
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to strike out the suit on the basis of lack of verifying affidavitCoramA.G. RINGERA
Holding
The verifying affidavit filed by the plaintiff is struck out with liberty to file a fresh and compliant affidavit within 21 days.
Facts
The plaintiff filed an affidavit in support of the plaint, but it was not served on the defendant's counsel. The court ordered the plaintiff to file a fresh verifying affidavit within 21 days.
Issues
- Whether the plaintiff failed to file a verifying affidavit as required by law
- Whether the affidavit filed by the plaintiff was properly drawn and sworn
Reasoning
The affidavit was not properly drawn or sworn and was not served on the defendant's counsel. The court found it inadmissible in evidence.
Outcome
The plaintiff is given the opportunity to file a fresh and compliant affidavit.
Orders
- Verifying affidavit of Emile Viola struck out
- Plaintiff given liberty to file a fresh and compliant affidavit within 21 days
Remedies
- Plaintiff given liberty to file a fresh and compliant affidavit
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
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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