KASOLO MUTISO vs PETER MBAI KISILU [2004] KEHC 437 (KLR)
- Court
- High Court of Kenya
- Case number
- 437
- Citation
- [2004] KEHC 437 (KLR)
- Decided
- 27 April 2004
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial judgmentCoramR. V. WENDOH
Holding
The objection to the validity of the reply to the defendant's defence is dismissed. The reply to the defendant's defence is considered as one of the pleadings and is properly on record.
Facts
The plaintiff filed a reply to the defendant's defence on 15.4.1999, which was not served on the defendant. The defendant raised an objection to the validity of the reply, claiming it was not served.
Issues
- Validity of the reply to the defendant's defence
- Service of the reply to the defendant's defence
Reasoning
The court ruled that the reply to the defendant's defence was filed and served, and the defendant had the opportunity to respond. The objection was raised after the ruling allowing the amendment of the reply, which was given 11⁄2 years ago.
Outcome
Appeal dismissed
Orders
- Defendant to pay court adjournment fees and plaintiffs costs for the day
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.
Loading judgment…