NAPHUTALY KIBUTU KANYORO & 302 others v TELKOM KENYA LIMITED [2007] KEHC 2834 (KLR)
- Court
- High Court of Kenya
- Case number
- 2834
- Citation
- [2007] KEHC 2834 (KLR)
- Decided
- 5 July 2007
Verifying Affidavits are struck out as they were sworn before the Plaint came into existence, but the error does not go to the jurisdiction of the Court. Supporting affidavits are struck out due to the omission to declare the statements are true and made on oath.
Facts
Plaintiffs filed Chamber Summons applications dated 2nd March, 2007, and supporting affidavits, including Verifying Affidavits, which were sworn before the Plaintiffs came into existence.
Issues
- Whether the Verifying Affidavits are defective and should be struck out.
- Whether the omission to declare that the statements are true and made on oath renders the Affidavits incurably defective.
Reasoning
The Verifying Affidavits were sworn before the Plaint came into existence, making them defective. The omission to declare the statements are true and made on oath renders the Affidavits incompetent.
Outcome
Verifying Affidavits and supporting affidavits are struck out, but the applications are not dismissed.
Orders
- Fresh Verifying Affidavits to be filed and served within 10 days, or the Plaints shall stand struck out.
- Supporting affidavits are struck out with costs to the Respondent.
Remedies
- Costs to the Respondent.
Authorities cited
Cases cited (4)
- Saanun v. Commissioner of Lands & 5 Others
- Agip (K) Ltd vs Jimmy Komo
- Caspair Ltd v. Harry Gandy
- Noormohamed Janmohamed v. Kassamali Virji Madhani
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