Samuel Chege Thiari & another v Eddah Wanjiru Wangari & 3 others [2018] KEHC 202 (KLR)
- Court
- High Court of Kenya
- Case number
- 202
- Citation
- [2018] KEHC 202 (KLR)
- Decided
- 19 September 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication to amend Notice of MotionCoramR.P.V. Wendoh
Holding
The Notice of Motion is struck out as there is no suit upon which it can stand.
Facts
The applicants filed a Notice of Motion seeking orders against the respondents regarding enrollment and qualifications for admission into their respective schools.
Issues
- Whether the Notice of Motion is a proper means to commence a suit.
- Whether the Notice of Motion is a pleading as per the law and capable of forming the basis for a determination of any question/issue.
Reasoning
The court found that the Notice of Motion is not the manner prescribed by the Rules to commence a suit and is not a pleading as defined by Section 2 of Civil Procedure Act and Rules.
Outcome
The Notice of Motion dated 16/7/2018 is struck out with costs to the 1st and 2nd respondents.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Criminal Procedure Act
- Civil Procedure Rules
Cases cited (7)
- Board of Governors Nairobi School v Jackson Ireri Geta (1999) KLR
- Fidelity Bank Ltd v John Joel Kanyali Misc.Appl.8/2014
- Speaker of National Assembly v Kamau (2008) 425
- Chalicha FCS Ltd v Odhiambo & 7 others (1987) KLR 182
- Fredrick Mwangi Nyaga v Garam Investments and Housing Finance Ltd Nairobi HCR.249/2013
- Salim Tunja Gambo v Commissioner of Lands Civil Misc. Application No.47/2000
- Raila v IEBC
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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