Kedong Ranch Ltd v Shadrack Mwangi Kamau & 23 Others [2014] KEHC 7466 (KLR)
- Court
- High Court of Kenya
- Case number
- 7466
- Citation
- [2014] KEHC 7466 (KLR)
- Decided
- 3 October 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out pleadingsCoramL N WAITHAKA
Holding
The court declines to strike out the defendants' defence and counterclaim and directs the plaintiff to amend their plaint to bring the suit only against defendants who can fully participate.
Facts
The plaintiff filed a Notice of Motion seeking to strike out the defendants' defence and counterclaim due to their late filing and service, and for costs. Some defendants are deceased.
Issues
- Whether the defendants' defence and counterclaim should be struck out due to late filing and service
- Whether the plaintiff's suit against deceased defendants is valid
Reasoning
The court finds that the defendants' defence and counterclaim were not filed and served within the stipulated period, but this is not so critical as to make the suit collapse. The plaintiff's suit against deceased defendants is defective.
Outcome
The Notice of Motion is dismissed.
Orders
- Decline to strike out the defendants' defence and counterclaim
- Direct plaintiff to amend their plaint to bring the suit only against participating defendants
- Costs in the cause
Authorities cited
Legislation (4)
- Civil Procedure Act
- Order 2 Rule 15 of the Civil Procedure Rules
- Order 7 and Order 51 of the Civil Procedure Rules
- Article 159(2)(d) of the Constitution
Cases cited (1)
- D.T. Dobie & Company (Kenya) Limited V Muchina (1982) KLR
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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