KENNEDY OTIENO ODIYO & 12 OTHERS v KENYA ELECTRICITY GENERATING COMPANY LIMITED [2010] KEHC 282 (KLR)
- Court
- High Court of Kenya
- Case number
- 282
- Citation
- [2010] KEHC 282 (KLR)
- Decided
- 30 July 2010
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for striking out amended plaintCoramASIKE-MAKHANDIA
Holding
The application is allowed in its entirety.
Facts
Kenya Electricity Generating Company Limited sought to strike out the amended plaint filed by 13 plaintiffs, alleging it was scandalous, frivolous, vexatious, and an abuse of the court process. The plaintiffs claimed compensation for land acquired for the Sondu Muriu Hydropower Project.
Issues
- Whether the amended plaint was scandalous, frivolous, vexatious, and an abuse of the court process.
- Whether the plaintiffs had a reasonable or maintainable cause of action against the defendant.
Reasoning
The amended plaint was found to be scandalous, frivolous, vexatious, and an abuse of the court process. The respondents failed to plead fraud and misrepresentation as required by the rules of pleading.
Outcome
The application is allowed.
Orders
- The amended plaint filed by the plaintiffs is struck out.
Authorities cited
Cases cited (3)
- Order VI rule (8) (1) of the Civil Procedure rules
- Kipyator Nicholas Kiprono Biwott v. George Mbuguss and Kalamka Ltd Civil case no. 2143 of 199
- Crown Berger Kenya Ltd v. Kalpech Vasuder Devan and another civil case no. 246 of 2006 (UR)
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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