ALBERT KIHANYU GIKARIA V NATIONAL HOUSING CORPORATION & ANOTHER [2009] KEHC 2111 (KLR)
- Court
- High Court of Kenya
- Case number
- 2111
- Citation
- [2009] KEHC 2111 (KLR)
- Decided
- 23 June 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureChamber Summons filed by Plaintiff/Applicant seeking to strike out further amended plaint and dismiss suit for abuse of court processCoramALI- ARONI
Holding
The further amended plaint is struck out as it was filed without leave of the court, and the Plaintiff/Applicant has no valid pleading left on record.
Facts
Plaintiff/Applicant filed further amended plaint dated 9th October, 2006 without leave of the court. Defendants/Applicants contend that the further amended plaint is not properly before the court as it was filed without leave.
Issues
- Whether the further amended plaint dated 9th October, 2006 should be struck out for being filed without leave of the court
- Whether the suit should be dismissed for being an abuse of court process
Reasoning
The court ruled that the further amended plaint is a nullity due to the failure by the Plaintiff/Applicant to seek leave as required, and as the same had replaced the amended plaint, the Plaintiff/Applicant has no valid pleading left on record.
Outcome
Plaintiff/Applicant’s prayers 1, 2 & 3 of the Chamber Summons dated 12th November, 2008 are granted.
Orders
- Further amended plaint dated 9th October, 2006 is struck out
- Suit is dismissed for being an abuse of court process
Remedies
- Costs of the application be provided for
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order VIA Rule 1(1)
Cases cited (1)
- MUTUKU & 3 OTHERS vs. UNITED INSURANCE CO. LTD (2002) IKL at 250
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.
Loading judgment…