AMOS MUHINGA KIMUNYA v PETER ANYANG NYONGO [2007] KEHC 1406 (KLR)
- Court
- High Court of Kenya
- Case number
- 1406
- Citation
- [2007] KEHC 1406 (KLR)
- Decided
- 4 May 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDefamation SuitPostureApplication to seek particulars struck outCoramR. NAMBUYE
Holding
The Plaintiff's application to seek particulars is struck out but with leave to recommence the correct procedure.
Facts
The Plaintiff filed a defamation suit against the Defendant alleging that a newspaper publication contained defamatory statements about him. The Defendant denied causing the publication and claimed it was fair comment on a matter of public interest.
Issues
- Procedural correctness of the Plaintiff's application for particulars
- Whether the Plaintiff's application can be saved by invoking Section 3A of the Civil Procedure Act
Reasoning
The Plaintiff's application was premature due to improper procedural measures and the court found no provision of law to save the application.
Outcome
Application struck out
Orders
- Application to seek particulars struck out
- Defendant to bear costs of the struck out application
Authorities cited
Legislation (2)
- Civil Procedure Act
- 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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