[2014] KEHC 6971 (KLR)
The court found that there was no opposition to the application dated 30th January 2013, as the parties had filed consents agreeing to the striking out of specified paragraphs in the 1st and 2nd defendants' defence and the 2nd defendant's affidavit. Furthermore, the parties had agreed to allot the 3rd defendant an...
Source-derived case information.
- Citation
- [2014] KEHC 6971 (KLR)
- Parties
- Plaintiff: Agam Investments Ltd.; Defendant: Voi Development Company Ltd; Defendant: Eliud Mwamunga; Defendant: W.K. Njiiri
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Commercial Civil Case 22 of 2013
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Application
- Outcome
- application allowed as prayed with costs
- Judges
- SN Mukunya
- Legal Topics
- Striking Out of Pleadings, Consent Orders, Alternative Allotment of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agam Investments Ltd.
Plaintiff
Voi Development Company Ltd
Defendant
Eliud Mwamunga
Defendant
W.K. Njiiri
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the application dated 30th January 2013 should be allowed in light of the consents filed by the parties.
- 2 Whether paragraphs of the 1st and 2nd defendants' defence and the 2nd defendant's affidavit should be struck out as per the consent.
- 3 Whether the 3rd defendant is entitled to an alternative plot as agreed by the parties.
Ratio Decidendi
The court found that there was no opposition to the application dated 30th January 2013, as the parties had filed consents agreeing to the striking out of specified paragraphs in the 1st and 2nd defendants' defence and the 2nd defendant's affidavit. Furthermore, the parties had agreed to allot the 3rd defendant an alternative plot, and the 3rd defendant had conceded to this arrangement in his submissions. In light of the consents and the absence of any legal impediment, the court allowed the application as prayed, with costs awarded to the applicant and the 3rd defendant.
Court Disposition
application allowed as prayed with costs
Orders
- Application dated 30th January 2013 is allowed as prayed.
- Specified paragraphs in the 1st and 2nd defendants' defence and the 2nd defendant's affidavit are struck out as per the filed consents.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL SUIT NO. 22 OF 2013
AGAM INVESTMENTS LTD. ........................ PLAINTIFF
- V E R S U S -
1. VOI DEVELOPMENT COMPANY LTD
2. ELIUD MWAMUNGA
3. W.K. NJIIRI....................................... DEFENDANTS
RULING
Having perused the application dated 30th January, 2013 and having equally perused the consents filed in Court on 15th May, 2013 striking out paragraphs 5,6,7,8,9,13,14,15,16,17,18,20,24 (viii) 26,27,28,29 (i) (ii) and (iv) of the 1st and 2nd defendants defence and paragraphs 4,6,7,8,9,10,13,15,19 (x) of the affidavit sworn by the 2nd defendant and the defendants having agreed with the 3rd defendant to allot him an alternative plot and the 3rd defendant having conceded so in his submission, I find nothing standing on the way for the application dated 30th of January 2013. the same is allowed as prayed with costs. The 1st and 2nd defendant should also pay the costs of the 3rd respondent.
Dated and delivered at Mombasa in open court this 14th day of February, 2014.
S.N. MUKUNYA
JUDGE
14. 2.2014
In the presence of:
Muyaa Advocate for Plaintiff
Nyambena holding brief for Adhoch Advocate for 1st and 2nd plaintiff
Mrs. Mohammed for the 3rd defendant.