KINOTI MUKINDIA v DAVID PIUS MUGAMBI & ANOTHER [2007] KEHC 3019 (KLR)
- Court
- High Court of Kenya
- Case number
- 3019
- Citation
- [2007] KEHC 3019 (KLR)
- Decided
- 21 March 2007
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for striking out the plaintCoramJ.M. KHAMONI
Holding
The Chamber Summons is hereby dismissed and there will be no orders as to the costs of the Chamber Summons.
Facts
There are two defendants in the suit, David Pius Mugambi being the First Defendant and Co-Operative Bank of Kenya being the Second Defendant. The First Defendant alone filed a Chamber Summons seeking to strike out the plaint.
Issues
- Whether the action is one which cannot succeed or is in some way an abuse of the court process or is unarguable.
- Whether the striking out of the plaint is available given the contested triable issues raised or revealed as early as at the interlocutory stage.
Reasoning
The court found that the grounds in support of the Chamber Summons did not alert the presence of uncontested facts, and that granting the orders prayed for would not be the requirement of the very essence of justice.
Outcome
Dismissal of the Chamber Summons
Authorities cited
Cases cited (2)
- MURRI v. MURRI AND ANOTHER (1999) 1 E.A. 212
- MPAKA ROAD DEVELOPMENT LTD v. KANA (2001) 2 E A 468
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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