[2017] KEHC 1237 (KLR)

[2017] KEHC 1237 (KLR)

The court found that the plaintiff had responded to the interrogatories in accordance with the law, raising objections and providing reasons for each. The court held that the plaintiff's conduct did not amount to outright refusal to answer interrogatories, as she exercised her right to object under the Civil...

Source-derived case information.

Citation
[2017] KEHC 1237 (KLR)
Parties
Plaintiff: Anne Mumbi Waiguru; Defendant: Hon. Raila Amollo Odinga
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
17 November 2017
Case Number
Civil Suit 338 of 2015
Procedural Posture
Civil Suit / Ruling on Application to Strike Out Plaint
Outcome
Defendant's application to strike out the plaint dismissed with costs abiding the outcome of the suit.
Judges
JK Sergon
Legal Topics
Interrogatories, Discovery of Documents, Striking Out Pleadings
Source Language
english
Civil Procedure Interrogatories Discovery of Documents Striking Out Pleadings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Anne Mumbi Waiguru

Plaintiff

Hon. Raila Amollo Odinga

Defendant

Procedural Posture

Civil Suit / Ruling on Application to Strike Out Plaint

Legal Issues

  1. 1 Whether the plaintiff failed to comply with court orders regarding interrogatories and discovery.
  2. 2 Whether the plaintiff's objections to answering certain interrogatories were valid under the Civil Procedure Act and Rules.
  3. 3 Whether the defendant's application to strike out the plaint for alleged non-compliance should be granted.

Ratio Decidendi

The court found that the plaintiff had responded to the interrogatories in accordance with the law, raising objections and providing reasons for each. The court held that the plaintiff's conduct did not amount to outright refusal to answer interrogatories, as she exercised her right to object under the Civil Procedure Act and Rules. Therefore, the defendant's application to strike out the plaint lacked merit and was dismissed.

Court Disposition

Defendant's application to strike out the plaint dismissed with costs abiding the outcome of the suit.

Orders

  • The defendant's motion dated 5.5.2017 is dismissed.
  • Costs to abide the outcome of the suit.