Daniel Kamau Kariithi v Bamburi Cement Limited [2005] KEHC 3280 (KLR)
- Court
- High Court of Kenya
- Case number
- 3280
- Citation
- [2005] KEHC 3280 (KLR)
- Decided
- 29 July 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a decision to strike out a pleadingCoramJ.W. MWERA
Holding
The court ruled that the amended plaint filed by the plaintiff without the court's leave is invalid and struck out.
Facts
The plaintiff filed an amended plaint without the court's leave, and the defendant filed a notice of preliminary objection.
Issues
- Whether the amended plaint filed by the plaintiff without the court's leave is valid.
- Whether the defendant's notice of preliminary objection was properly argued.
Reasoning
The court found that the amended plaint was filed without the court's leave and did not disclose a reasonable cause of action.
Outcome
The amended plaint was struck out.
Orders
- The amended plaint was struck out.
Authorities cited
Legislation (1)
- 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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