Rose Wambui Kamau & 2 others v Cecilia Mou Charles Harris & another [2013] KEHC 992 (KLR)
- Court
- High Court of Kenya
- Case number
- 992
- Citation
- [2013] KEHC 992 (KLR)
- Decided
- 20 November 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out Amended PlaintCoramJ. B. HAVELOCK
Holding
The 2nd Defendant was not a party to the contract and there is no cause of action against him.
Facts
The 2nd Defendant filed a Notice of Motion seeking to strike out the Amended Plaint, alleging misrepresentation, falsehood, lack of reasonable cause of action, and non-disclosure. The Plaintiffs claimed specific performance or damages for breach of contract.
Issues
- Whether the 2nd Defendant was a party to the contract
- Whether the Plaintiffs have a cause of action against the 2nd Defendant
Reasoning
The Memorandum of Understanding was not signed by the 2nd Defendant and the Sale Agreement does not mention him. The Plaintiffs' cause of action is based on the contract, which does not include the 2nd Defendant.
Outcome
The 2nd Defendant's Notice of Motion is allowed, and the Amended Plaint is struck out as against him.
Orders
- The Amended Plaint is struck out as against the 2nd Defendant
- The 2nd Defendant bears the costs of his application
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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