[2000] KEHC 71 (KLR)

[2000] KEHC 71 (KLR)

The court held that striking out a suit is a drastic remedy reserved for the clearest of cases, and at the interlocutory stage, the Plaintiff cannot be compelled to produce evidence to support its pleadings. The court found that the Plaintiff's conduct in delaying the proceedings and benefiting from interim orders was noted, but this did not justify striking out the suit at this stage. The court determined that the proper course was for the parties to file agreed or separate issues for determination and proceed to trial, rather than disposing of the matter summarily. The application to strike out the suit was therefore declined, and directions were given for the expeditious preparation of...

Citation
[2000] KEHC 71 (KLR)
Parties
Plaintiff: Mikululo Ranching & another; Respondent: District Commissioner Makueni District & 2 others
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
15 June 2000
Case Number
Civil Case 475 of 1995
Procedural Posture
Civil Case / Ruling on Application to Strike Out Suit
Outcome
Application to strike out the suit dismissed. Directions given for preparation for trial.
Legal Topics
Striking Out of Suit, National Parks Land Disputes, Injunctions, Survey and Boundary Determination
Source Language
English
Land and Property Civil Procedure Striking Out of Suit National Parks Land Disputes Injunctions Survey and Boundary Determination

Case Brief

Summary, issues, holding and outcome

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Parties

Mikululo Ranching & another

Plaintiff

District Commissioner Makueni District & 2 others

Respondent

Procedural Posture

Civil Case / Ruling on Application to Strike Out Suit

Legal Issues

  1. 1 Whether the suit discloses a sustainable cause of action against the 3rd Defendant.
  2. 2 Whether the Plaintiff has established a prima facie case of ownership over the disputed land.
  3. 3 Whether the suit constitutes an abuse of the process of court and should be struck out.

Ratio Decidendi

The court held that striking out a suit is a drastic remedy reserved for the clearest of cases, and at the interlocutory stage, the Plaintiff cannot be compelled to produce evidence to support its pleadings. The court found that the Plaintiff's conduct in delaying the proceedings and benefiting from interim orders was noted, but this did not justify striking out the suit at this stage. The court determined that the proper course was for the parties to file agreed or separate issues for determination and proceed to trial, rather than disposing of the matter summarily. The application to strike out the suit was therefore declined, and directions were given for the expeditious preparation of...

Court Disposition

Application to strike out the suit dismissed. Directions given for preparation for trial.

Orders

  • The suit is not struck out as prayed.
  • Parties to file agreed or separate issues for determination within 30 days.