M’IMPWI M’IKIUGU v JOSEPH KITHINJI & another [2008] KEHC 2559 (KLR)
- Court
- High Court of Kenya
- Case number
- 2559
- Citation
- [2008] KEHC 2559 (KLR)
- Decided
- 3 June 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureNotice of preliminary objection raisedCoramIbrahim, Lenaola, Mutungi
Holding
The court awards costs to the defendants.
Facts
The plaintiff filed an affidavit verifying the contents of a plaint dated 16th August 2002, which was non-existent at the time the affidavit was sworn. The affidavit was dated 15th February 2002.
Issues
- The affidavit does not verify the correctness of the averments contained in the plaint.
- There is no verifying affidavit having been sworn before the plaint.
Reasoning
The court found that the verifying affidavit was dated the same as the plaint and that the policy of the court is to only consider pleadings and documents on record.
Outcome
Defendants awarded costs
Orders
- Award of costs to the defendants
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Legal Notice No. 36 of 2000
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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