ALLESANDRO PICCIO & another v GIULIO GIRO [2005] KEHC 341 (KLR)
- Court
- High Court of Kenya
- Case number
- 341
- Citation
- [2005] KEHC 341 (KLR)
- Decided
- 20 July 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant raises preliminary objection to the plaintiffs' claim for special damages, general damages, interest, and costs.CoramW. OUKO
Holding
The suit and application for judgment are struck out with costs due to the defects in the verifying affidavit and the failure to comply with mandatory requirements of the Advocates Act.
Facts
The plaintiffs filed a plaint for special damages in Italian Lira 220 m, general damages, interest, and costs against the defendant. The defendant raised preliminary objections to the suit and application for judgment.
Issues
- Defects in the verifying affidavit
- Representative suit without leave
- Documents in an unofficial language
Reasoning
The Court found the defects in the verifying affidavit to be technical and procedural, but the failure to comply with mandatory requirements of the Advocates Act is not a mere irregularity.
Outcome
Defendant's preliminary objection is sustained, and the suit is struck out.
Orders
- Verifying affidavit to the plaint is struck out
- Suit is struck out with costs
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Advocates Act
- Civil Procedure Act
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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