Lavington Security Limited v Consolidated Bank of Kenya & 3 others [2020] KEHC 10028 (KLR)
- Court
- High Court of Kenya
- Case number
- 10028
- Citation
- [2020] KEHC 10028 (KLR)
- Decided
- 29 July 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to strike out the Plaintiff's claim against the 1st DefendantCoramJ. KAMAU
Holding
The 1st Defendant's application to strike out the Plaintiff's claim against it is dismissed with costs to the Plaintiff.
Facts
The 1st Defendant requested for better and further particulars from the Plaintiff on 28 March 2019, but the Plaintiff did not comply with the request. The 1st Defendant then filed a Notice of Motion on 1 July 2019 seeking to have the Plaintiff's claim against it struck out.
Issues
- Disclosure of cause of action
- Frivolous and vexatious application
Reasoning
The Plaintiff was given additional time to provide the 1st Defendant with the requested particulars, and the 1st Defendant failed to comply with the order.
Outcome
Dismissed
Orders
- The 1st Defendant's Notice of Motion application dated 1st July 2019 and filed on 3rd July 2019 is dismissed with costs to the Plaintiff herein.
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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