BERNARD KARIUKI WATHARI & OTHERS v THE REGISTERED TRUSTEES OF TELEPOSTA PENSION SCHEME [2011] KEHC 1334 (KLR)
- Court
- High Court of Kenya
- Case number
- 1334
- Citation
- [2011] KEHC 1334 (KLR)
- Decided
- 5 July 2011
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial judgmentCoramA. MBOGHOLI MSAGHA
Holding
The amended and original plaints are struck out due to non-compliance with the Civil Procedure Rules.
Facts
The defendant filed an application to strike out the plaintiffs' amended plaint and original plaint, alleging that the plaintiffs did not verify the contents of the plaints as required by the Civil Procedure Rules.
Issues
- Verification of plaint contents
- Defects in the amended and original plaints
Reasoning
The court found the plaintiffs' plaints to be defective due to non-compliance with mandatory provisions of the Civil Procedure Rules.
Outcome
The plaintiffs' amended and original plaints are struck out.
Orders
- The plaintiffs' amended plaint dated 2nd April, 2007 and filed on 2nd April, 2007 be struck out.
- The plaint dated 13th March, 2007 and filed on 13th March, 2007 be struck out in so far as it is filed by the 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th and 11th plaintiffs respectively.
- The costs of defending this suit and of prosecuting this application be borne by the plaintiffs.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
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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