NELSON MACHARIA MUHUHU v PAUL MWANGI THIOMO & ANOTHER [2006] KEHC 1389 (KLR)
- Court
- High Court of Kenya
- Case number
- 1389
- Citation
- [2006] KEHC 1389 (KLR)
- Decided
- 13 September 2006
The plaintiff's application to strike out the defendants' defense for failure to file and serve a list of documents is dismissed. The court ruled that the defendants did file a Police Abstract under the Defendant's list of documents, and that the requirement is to make discovery and file documents, not to serve a list.
Facts
The plaintiff filed a Notice of Motion alleging that the defendants failed to comply with an order made on 23rd October 2003 requiring them to file and serve their list of documents within 14 days. The defendants claimed that the court-ordered advocates were no longer on record.
Issues
- Whether the defendants' failure to file a list of documents within 14 days is a valid ground for striking out their defense.
- Whether the court's order requiring the defendants to file and serve their list of documents is a requirement for using documents in support of their case.
Reasoning
The court explained that the defendants did file a Police Abstract, and that the requirement is to make discovery and file documents, not to serve a list.
Outcome
The plaintiff's application is dismissed.
Orders
- The defendants' defense filed herein be dismissed with costs.
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