Mutua v Anwarali & Brothers Ltd [2003] KEHC 928 (KLR)
- Court
- High Court of Kenya
- Case number
- 928
- Citation
- [2003] KEHC 928 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant's application for particularsCoramJ.K. SERGON
Holding
The court allows the defendant's application for particulars and orders the plaintiff to provide them within 21 days. If the plaintiff fails to comply, the defendant can seek to have affected paragraphs of the plaint struck out.
Facts
The plaintiff filed a plaint claiming special damages, general damages, and costs due to a fatal traffic accident involving the defendant's vehicle. The defendant requested particulars of the claim but the plaintiff failed to provide them.
Issues
- Whether the affidavit is fatally defective.
- Whether the defendant is entitled to be supplied with the particulars requested.
Reasoning
The plaintiff's generalized allegations in the plaint left the defendant uncertain about the nature of the defense. The court found the particulars vague and ordered the plaintiff to provide them.
Outcome
Defendant's application granted
Orders
- Plaintiff to supply particulars within 21 days
- Defendant's application for particulars granted
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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