Ezekiel Onyango v Shella Sheikh & another [2018] KEHC 6911 (KLR)
- Court
- High Court of Kenya
- Case number
- 6911
- Citation
- [2018] KEHC 6911 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to strike out statement of defenceCoramA. MBOGHOLI MSAGHA
Holding
The application to strike out the statement of defence is dismissed. The defendants are allowed to defend the plaintiff's suit on merit.
Facts
The plaintiff filed a suit for damages for libel and a permanent injunction against the defendants. The defendants filed a defence after an interlocutory judgment was entered against them.
Issues
- Whether the defendants' statement of defence was filed out of the prescribed time
- Whether the statement of defence is a sham and discloses no reasonable defence
Reasoning
The court found that the defendants' statement of defence was not filed out of the prescribed time and that it discloses triable issues. The court exercised its discretion to allow the defendants to defend the suit.
Outcome
Application dismissed
Orders
- Defendants allowed to defend the plaintiff's suit on merit
- Matter listed for hearing
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (2)
- D.T. Dobie and Company Limited vs. Muchina (1982) KLR
- Kenya Trade Combine Limited vs. Shah Civil Appeal No. 193 of 1999
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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