Kikenni Properties Limited v Apa Insurance Limited & another [2016] KEHC 2541 (KLR)
- Court
- High Court of Kenya
- Case number
- 2541
- Citation
- [2016] KEHC 2541 (KLR)
- Decided
- 18 August 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to strike out defendant's defence and seek judgment in favor of the plaintiffCoramHavelock, Hayanga
Holding
The application is struck out due to the non-compliance of the supporting affidavit's annextures with Rule 9 of the Oaths and Statutory Declarations Rules.
Facts
The plaintiff, Kikenni Properties Limited, seeks a judgment in its favor based on a performance bond issued by the defendant, Apa Insurance Limited, for a construction project. The defendant has filed a defense.
Issues
- Whether the applicant's supporting affidavit complies with the requirements of rule 9 of the Oaths and Statutory Declarations Rules
- Whether the applicant's/plaintiff's affidavit and application should be struck out
- Whether the defendant's answer should be struck out
- Whether the performance bond is enforceable
Reasoning
The court found that the supporting affidavit's annextures were not properly marked and sealed, as required by Rule 9 of the Oaths and Statutory Declarations Rules. The court also cited previous cases to support its decision.
Outcome
The application is struck out.
Orders
- Affidavit of Njeri Chege is struck out
- Application is struck out
Remedies
- Costs to the respondent
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Oaths and Statutory Declarations Rules
Cases cited (3)
- Fredrick Mwangi Nyaga vs Garam Investments & Another [2013] eKLR
- Solomon Omwega Omache & another vs Zachary O Ayieko & 2 others [2016] eKLR
- Juja Coffee Exporters Limited and 3 Others vs Bank of Africa Ltd. & Another [2016] Mombasa HCC case No. 57 of 2016
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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