RUTH N.M. ONYANCHA v STANDARD LTD (Civil Suit 1529 of 2005) [2007] KEHC 2171 (KLR) (23 July 2007) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2171
- Citation
- [2007] KEHC 2171 (KLR)
- Decided
- 23 July 2007
Defendant's application is allowed, and paragraphs 2, 5, 6, 7, 8, 9, 10, and 17 of the Defendant's defence are struck out.
Facts
Plaintiff filed a defamation suit against Defendant. Plaintiff requested Defendant to furnish further and better particulars, but Defendant did not respond. Plaintiff filed an application to compel Defendant to supply particulars. The parties agreed to a consent order allowing the application and striking out certain paragraphs of the Defendant's defence.
Issues
- Defendant's failure to supply further and better particulars
- Whether to strike out certain paragraphs of the Defendant's defence
Reasoning
Defendant failed to comply with the court's order to supply further and better particulars. The court found that the Defendant's failure to comply with the order is grounds to have the Defendant's defence struck out.
Outcome
Defendant's application is allowed, and certain paragraphs of the Defendant's defence are struck out.
Orders
- Defendant's application is allowed
- Defendant's paragraphs 2, 5, 6, 7, 8, 9, 10, and 17 of the defence are struck out
Remedies
- Defendant's paragraphs 2, 5, 6, 7, 8, 9, 10, and 17 of the defence are struck out
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