STEPHEN BERNARD ODUOR vs AFRO FREIGHT FORWARDERS [2002] KEHC 748 (KLR)
- Court
- High Court of Kenya
- Case number
- 748
- Citation
- [2002] KEHC 748 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks to strike out the plaintiff's plaint and verifying affidavit.CoramD. A. ONYANCHA
Holding
The affidavit is struck out due to the contradiction in the swearing location, but the plaintiff's claim is not dismissed as it discloses a cause of action.
Facts
The plaintiff filed a claim for Kshs.285,793/= on 24.1.2002, accompanied by a verifying affidavit sworn in Mombasa on 3.12.2002, but the defendant argued it was sworn in Nairobi.
Issues
- Whether the affidavit is valid and admissible.
- Whether the plaint discloses a reasonable cause of action.
Reasoning
The court accepts the plaintiff's explanation and finds the affidavit to be valid, but strikes it out due to the contradiction. The plaintiff's claim is valid.
Outcome
The defendant's application to strike out the plaint and affidavit is granted.
Orders
- Affidavit struck out.
- Defendant's application stands unopposed.
- Plaintiff's grounds of opposition are considered and saved.
- Plaintiff's claim is not 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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