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RUTH N.M. ONYANCHA v STANDARD LTD (Civil Suit 1529 of 2005) [2007] KEHC 2171 (KLR) (23 July 2007) (Ruling)

[2007] KEHC 2171 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2171
Citation
[2007] KEHC 2171 (KLR)
Decided
23 July 2007
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant's application to strike out paragraphs of defence for failure to supply further and better particularsCoramJ.L.A. OSIEMO
Holding

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

  1. Defendant's failure to supply further and better particulars
  2. 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
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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