Jane Ndunge Kitivo v Savannah Development Co. Ltd & 3 others [2010] KEHC 2934 (KLR)
- Court
- High Court of Kenya
- Case number
- 2934
- Citation
- [2010] KEHC 2934 (KLR)
- Decided
- 12 March 2010
Summary at a glance
TypeCivilPostureApplication to strike out amended plaintCoramM.K. KOOME
The application to strike out the amended plaint against the 4th defendant is dismissed.
Facts
The plaintiff seeks to strike out the amended plaint against the 4th defendant, Savannah Development Co. Ltd, alleging that the suit property is registered in the name of the 3rd defendant and is correctly charged to the 4th defendant.
Issues
- Whether the suit against the 4th defendant is a non-starter due to the registration of the property in the name of the 3rd defendant.
- Whether the plaintiff's cause of action is time-barred and thus the suit should be struck out.
Reasoning
The court finds that the plaintiff's cause of action is not time-barred and that the plaintiff is entitled to proceed against the 4th defendant.
Outcome
Application dismissed
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