Jinaro Kipkemoi Kibet v Benjamin Itok (Civil Case 154 of 2017) [2019] KEHC 1069 (KLR) (Civ) (21 November 2019) (Ruling)
- Court
- High Court of Kenya
- Case number
- 1069
- Citation
- [2019] KEHC 1069 (KLR)
- Decided
- 21 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out statement of defenceCoramC. W. GITHUA
Holding
The defendant's statement of defence is not entirely hopeless and should not be struck out
Facts
The plaintiff, Jinaro Kipkemoi Kibet, filed a libel action against the defendant, Benjamin Itok, alleging that the defendant published defamatory statements in a letter dated 4 December 2016.
Issues
- Whether the defendant's statement of defence should be struck out
- Whether the plaintiff's claim for libel is valid
Reasoning
The court found that the defendant's defence raised at least one triable issue, and that striking out the defence would deny the defendant the right to be heard.
Outcome
Application dismissed with no orders as to costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (6)
- Mugunga General Stores V Pepco Distributors Limited
- Riley Falcon Security Services Limited V Nairobi Star Publication Limited
- Ternic Enterprises Ltd V Waterfront Outlets Limited
- Patrick Kariuki Muiruri V Barclays Bank of Kenya Limited & Another
- Jackson Ngechu Kimotho V Equity Bank Limited
- Raphael Kitur V Radio Africa T/A Star
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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