EZEKIEL MURIITHI NEPHAT V KENYA BUS SERVICES LTD & ANOTHER [2002] KEHC 232 (KLR)
- Court
- High Court of Kenya
- Case number
- 232
- Citation
- [2002] KEHC 232 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to enforce a Discharge VoucherCoramP.N. Waki
Holding
The application is struck out as incompetent.
Facts
The plaintiff, Ezekiel Muriithi Nephat, filed an application titled 'Originating Notice of Motion' to enforce a Discharge Voucher executed on a settlement of a claim in a running down matter. The Discharge Voucher was executed on 3rd December, 2001 but the Insurance Company has not paid the money.
Issues
- Whether the 'Originating Notice of Motion' procedure is valid under the Civil Procedure Act and Rules.
- Whether the plaintiff can enforce the Discharge Voucher through this procedure.
Reasoning
The court ruled that the 'Originating Notice of Motion' procedure is not valid under the Civil Procedure Act and Rules. The plaintiff cannot enforce the Discharge Voucher through this procedure.
Outcome
The application is struck out.
Orders
- The application is struck out as incompetent.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Constitution of Kenya
Cases cited (1)
- Olive Casey Juandoo v. Attorney General of Guyana (1971) P.C. 972
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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