CHARTER HOUSE INVESTMENT V SIMON K. SANG & 6 OTHERS [2012] KEHC 2307 (KLR)
- Court
- High Court of Kenya
- Case number
- 2307
- Citation
- [2012] KEHC 2307 (KLR)
- Decided
- 5 September 2012
The plaintiff's suit is not frivolous, vexatious, or an abuse of the process of the court. The application to strike out the amended plaint is dismissed. The plaintiff's suit is not dismissed for want of prosecution.
Facts
The plaintiff, Charter House Investment Ltd., filed a suit against Simon K. Sang and six other defendants alleging fraud and seeking to have the amended plaint struck out or the suit dismissed for want of prosecution. The defendants argued that the suit was frivolous, vexatious, and an abuse of the process of the court.
Issues
- Authority to institute the suit
- Fraud in registration and sub-division of land
- Want of prosecution
Reasoning
The court found the plaintiff's suit not frivolous, vexatious, or an abuse of the process of the court. The plaintiff's amended plaint was not dismissed as the door to further amendment was not closed. The defendants' argument that the plaintiff has never prosecuted the suit since 2006 was not entirely correct.
Outcome
The application to strike out the amended plaint is dismissed. The plaintiff's suit is not dismissed for want of prosecution.
Orders
- Notice of Motion dated 23rd March, 2012 with costs to the plaintiff
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