MALINDI HOLDINGS & another v COMMISSIONER OF LANDS & 5 others [2008] KEHC 91 (KLR)
- Court
- High Court of Kenya
- Case number
- 91
- Citation
- [2008] KEHC 91 (KLR)
- Decided
- 19 May 2008
The suit is struck out as incurably defective and bad in law due to the plaintiffs' failure to comply with the mandatory provisions of section 13A of the Government Proceedings Act.
Facts
The plaintiffs (2nd and 4th defendants) seek orders to strike out the plaint and dismiss the suit against them with costs. The plaintiffs claim that the Commissioner of Lands purported to cause their land to be re-demarcated and granted a lease to the 2nd defendant, and carved out a portion for the 3rd defendant.
Issues
- Competence of the suit
- Fraud allegations
- Failure to comply with Government Proceedings Act
Reasoning
The plaintiff was served with the application dated 7th February 2008 and has failed to file grounds of opposition or replying affidavit. The plaintiff was duly served with the notice of preliminary objection by the advocate for the 1st, 5th and 6th defendants. The suit is thus incurably defective, bad in law and incapable of amendment.
Outcome
The suit is struck out.
Orders
- The plaint herein by the plaintiff/respondent be struck out.
- That in the result the suit against the applicant be dismissed with costs to the applicant.
Authorities cited
Legislation (1)
- Government Proceedings Act (Cap 40) Laws of Kenya
Cases cited (1)
- THE TOWN COUNCIL OF OL KALOU V NG’ANG’A GENERAL STORE: CIVIL APPEAL NO.269 OF 1997
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