DAVID KAMAU v SAVINGS & LOAN KENYA LTD [2007] KEHC 242 (KLR)
- Court
- High Court of Kenya
- Case number
- 242
- Citation
- [2007] KEHC 242 (KLR)
- Decided
- 14 March 2007
The court upholds the preliminary objection and strikes out the Plaintiff's suit.
Facts
The Plaintiff/Applicant seeks an injunction restraining the Defendant from interfering with the Plaintiff's rights of possession, evicting, advertising for sale, disposing off, selling by public auction, leasing, letting, or otherwise interfering with the ownership of two pieces of land. The Defendant/Respondent has raised a preliminary objection, contending that the Plaintiff has failed to disclose the existence of a previous suit (HCCC 1566 of 1999) with the same parties and subject matter.
Issues
- Whether the Plaintiff has failed to disclose the existence of a previous suit
- Whether the Plaintiff's current suit is an abuse of the process of the court
Reasoning
The court finds that the Plaintiff has failed to disclose the existence of the previous suit and that the current suit is an abuse of the process of the court.
Outcome
The Plaintiff's suit is struck out.
Orders
- The Plaintiff's suit is struck out
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