KENYA ANTI-CORRUPTION COMMISSION V KAPSOEN ESTATES LIMITED [2008] KEHC 339 (KLR)

Facts

The plaintiff, Kenya Anti-Corruption Commission, applied for the court to accept all averments in the plaintiff's plaint to their satisfaction, otherwise the plaintiff would have applied to strike out the defendant's defense under Order VI rule 13 (1) as being inadequate. The defendant's counsel argued that the particulars sought by the plaintiff are available in the documents listed in the plaintiff's own list of documents.

Issues

1. Whether the plaintiff's application to accept all averments in the plaint to their satisfaction should be granted.
2. Whether the defendant's defense is adequate and satisfactory to the plaintiff's averments.

Reasoning

The court found that the defendant's defense is adequate and satisfactory to the plaintiff's averments, and that the particulars sought by the plaintiff are available in the documents listed in the plaintiff's own list of documents.

Outcome

The plaintiff's application was granted.