Chengo Kwicha v Sidi Kachukwa [2008] KEHC 19 (KLR)
- Court
- High Court of Kenya
- Case number
- 19
- Citation
- [2008] KEHC 19 (KLR)
- Decided
- 23 February 2008
The court declines to grant the orders seeking for striking out of the statement of defence but orders the defendant to take steps to regularize the position within 14 days.
Facts
The plaintiff filed a suit on June 26, 2007, and issued summons to enter appearance on June 28, 2007. The defendant entered appearance on July 12, 2007, and filed a defence on July 16, 2007, but neither the memorandum of appearance nor the defence were served on the plaintiff's advocates.
Issues
- Service of the defendant's statement of defence
- Whether the application to strike out the defence is justified
Reasoning
The court considers the defendant's valid defence and the plaintiff's right to prepare his case. The court finds that the defendant's failure to serve the defence is not inordinate and does not cause injustice to the plaintiff.
Outcome
The application is dismissed, and the defendant is ordered to regularize the position within 14 days.
Orders
- Defendant to regularize the position within 14 days
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (2)
- Joseph Kanake v Caltex Oil (K) Ltd
- Kenya Railways Corporation v National Cereals and Produce Board Civil Appeal 62 of 1998
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