ALBANY TAYLOR & another v CHRISTOPHER TAYLOR & another [2008] KEHC 3589 (KLR)
- Court
- High Court of Kenya
- Case number
- 3589
- Citation
- [2008] KEHC 3589 (KLR)
- Decided
- 9 April 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to strike out statement of defence and for judgmentCoramL. KIMARU
Holding
Affidavit is struck out as incompetent and filed in contravention of Civil Procedure Rules.
Facts
Plaintiffs, husband and wife, filed a suit against defendants (1st defendant is a son of plaintiffs) seeking to be paid KShs.2,720,000 for a property purchase. Plaintiffs filed an application to strike out defendants' statement of defence and seek judgment.
Issues
- Competency of affidavit sworn by plaintiffs' advocate
- Contention of affidavit's facts
Reasoning
Affidavit sworn by plaintiffs' advocate contained contentious facts and was not within his personal knowledge. Court held that advocates should not depose to contentious facts in suits.
Outcome
Affidavit struck out
Orders
- Affidavit sworn by plaintiffs' advocate is struck out in its entirety
- 1st defendant is awarded costs of the application
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Pattni –vs- Ali [2005] KLR 269
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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