Lavington Security Limited v National Social Security Fund (Civil Case 79 of 2016) [2017] KEHC 8379 (KLR) (Civ) (19 January 2017) (Ruling)
- Court
- High Court of Kenya
- Case number
- 8379
- Citation
- [2017] KEHC 8379 (KLR)
- Decided
- 19 January 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant/Applicant seeks to strike out the Plaintiff's suit for failing to disclose a reasonable cause of action.CoramLUCY NJUGUNA
Holding
The application is struck out with costs to the plaintiff.
Facts
On 24th November 2015, the defendant/applicant advertised a tender for security services. On 12th February 2016, the applicant informed the respondent that their bid was unsuccessful.
Issues
- Whether the application is incurably defective.
- Whether the plaintiff's suit discloses a reasonable cause of action.
Reasoning
The court ruled that the application is defective because it does not state concisely the grounds on which it is made, as per Order 2 Rule 15(1)(a) and (2) of the Civil Procedure Rule 2010.
Outcome
Defendant/Applicant's application to strike out the Plaintiff's suit is dismissed.
Orders
- Application to strike out the Plaintiff's suit is dismissed with costs to the Plaintiff.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules Cap 21 Laws of Kenya
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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