Pacific Frontier Seas Limited vs IRMARD Beig & another [2013] KEHC 5986 (KLR)

Facts

The plaintiff requested further and better particulars from the defendant, who did not supply them. The plaintiff then applied to strike out certain paragraphs of the defendant's amended defence and counterclaim.

Issues

1. Whether the plaintiff's application to strike out certain paragraphs of the defendant's amended defence and counterclaim is valid
2. Whether the defendant's preliminary objection to the plaintiff's application is valid

Reasoning

The defendant's amended defence and counterclaim were filed after the plaintiff's request for further and better particulars. The defendant's failure to supply the requested particulars prompted the plaintiff to apply to strike out certain paragraphs of the amended defence and counterclaim. The court found no merit in the defendant's preliminary objection and dismissed it with costs to the plaintiff.

Outcome

The plaintiff's application to strike out certain paragraphs of the defendant's amended defence and counterclaim is upheld.

Authorities cited