[2016] KEHC 6371 (KLR)
The court found that the application to strike out the suit was unopposed as the respondent neither filed any response nor attended the hearing. The applicant's arguments that the suit was an abuse of process, did not raise a reasonable cause of action, was res judicata, and was barred by limitation were not...
Source-derived case information.
- Citation
- [2016] KEHC 6371 (KLR)
- Parties
- Plaintiff: Benson Mangate Barasa; Defendant: Amos Wabwire
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 54 of 2014
- Procedural Posture
- Notice of Motion / Ruling on Preliminary Objection/application to Strike Out Suit
- Outcome
- suit struck out with costs to the defendant
- Judges
- SN Mukunya
- Legal Topics
- Abuse of Process, Res Judicata, Limitation of Actions, Striking Out Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Mangate Barasa
Plaintiff
Amos Wabwire
Defendant
Procedural Posture
Notice of Motion / Ruling on Preliminary Objection/application to Strike Out Suit
Legal Issues
- 1 Whether the suit constitutes an abuse of the process of the court.
- 2 Whether the suit raises a reasonable cause of action against the defendant.
- 3 Whether the suit is res judicata.
Ratio Decidendi
The court found that the application to strike out the suit was unopposed as the respondent neither filed any response nor attended the hearing. The applicant's arguments that the suit was an abuse of process, did not raise a reasonable cause of action, was res judicata, and was barred by limitation were not challenged. Consequently, the court allowed the application and struck out the suit with costs to the defendant.
Court Disposition
suit struck out with costs to the defendant
Orders
- The application is allowed.
- The suit is struck out with costs to the defendant.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
ENVIRONMENT AND LAND CASE NO. 54 OF 2014
BENSON MANGATE BARASA ………………….…PLAINTIFF
VERSUS
AMOS WABWIRE …………….…………...…..... DEFENDANT
RULING
[1]. The applicant herein filed a notice of motion dated 15. 5.2014. The same is under Order 2 Rule 15 (1).The applicant prayed for orders that the court do declare that this suit is an abuse of the process of the court and that the suit does not raise a reasonable cause of action against the defendant. Further, that the suit is res judicatta and that the same is barred by limitation.
[2]. The motion was served and the same was served on the respondent on 17. 11. 2015. The respondent did not file any grounds of objection and/or any affidavit. He also did not attend the court during the hearing.
The application is therefore not opposed. The applicant prays that the same be allowed since it is not opposed.
[3]. I do allow the application as allowed. This suit is struck out with costs to the defendant.
DATED at BUNGOMA this 9th day of March 2016
S. MUKUNYA
JUDGE