KENATCO TRANSPORT CO. LTD. (IN RECEIVERSHIP) v PETER M. KIMANI [2011] KEHC 512 (KLR)
- Court
- High Court of Kenya
- Case number
- 512
- Citation
- [2011] KEHC 512 (KLR)
- Decided
- 29 September 2011
The court dismisses the plaintiff's applications to strike out the defendant's defence and counterclaim and sets aside the interlocutory judgment in favor of the defendant. The court grants leave to defend the counterclaim and lists the matter for further directions.
Facts
The plaintiff, Kenatco Transport Co. Ltd., claimed ownership of the suit premises, which the defendant, Peter M. Kimani, had occupied at a token rent and later claimed ownership through adverse possession.
Issues
- Whether the defendant's defence and counterclaim disclose reasonable cause of defence or action
- Whether the plaintiff's applications to strike out the defendant's defence and counterclaim are valid
Reasoning
The court finds that the defendant's defence and counterclaim do not disclose reasonable cause of defence or action, and the plaintiff's applications are not incurably defective. The court emphasizes the importance of justice and the rights of the parties in civil litigation.
Outcome
The plaintiff's applications to strike out the defendant's defence and counterclaim are dismissed, and the defendant is granted leave to defend the counterclaim.
Orders
- The plaintiff's first application is disallowed
- The interlocutory judgment in favor of the defendant is set aside
- Leave is granted to defend the counterclaim
- The matter is listed for further directions
- The costs of the two applications shall be borne by the plaintiff
Remedies
- Remedy for the plaintiff is to defend the counterclaim
- Remedy for the defendant is to defend the plaintiff's suit
Authorities cited
Legislation (2)
- Civil Procedure Act (Cap. 21, Laws of Kenya)
- Registration of Titles Act (Cap. 281, Laws of Kenya)
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