Mulusiah Land Consultants & another v Industrial Development Bank Ltd & 2 others [2005] KEHC 2665 (KLR)
- Court
- High Court of Kenya
- Case number
- 2665
- Citation
- [2005] KEHC 2665 (KLR)
- Decided
- 29 April 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePreliminary ObjectionCoramO.K. MUTUNGI
Holding
The Plaint Affidavits are null and void due to lack of proper dating, and the Plaint is struck out.
Facts
The Plaintiffs filed a Plaint and Affidavits, but the Verifying and Supporting Affidavits were undated.
Issues
- Validity of Plaint Affidavits
- Compliance with Statutory Declaration Act
Reasoning
The Verifying Affidavits are fatally defective for failure to comply with the provisions of the Statutory Declaration Act, and the Plaint cannot stand without them.
Outcome
Preliminary Objection upheld
Orders
- Verifying and Supporting Affidavits expunged from the record
- Plaint struck out
- Chamber Summons dismissed
Authorities cited
Legislation (2)
- Oaths and Statutory Declarations Act
- Civil Procedure Rules
Cases cited (2)
- JAMES FRANCIS KARIUK V. UNITED INSURANCE CO. LTD.
- Order 7 rule 1(2) of the Civil Procedure Rules
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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