[2004] KEHC 2649 (KLR)

[2004] KEHC 2649 (KLR)

The court found that the affidavits filed by the plaintiffs in support of the application and plaint were fatally defective for failing to comply with mandatory legal requirements. The defects included lack of certification and marking of annexures, failure to disclose the deponents' true place of abode, inclusion of hearsay without disclosure of sources, and improper swearing and execution of the affidavits. The court held that these were not mere irregularities of form but went to the substance and evidential value of the affidavits. Order 18 Rule 7 of the Civil Procedure Rules could not cure such fundamental defects. Consequently, the affidavits were struck out and expunged from the...

Citation
[2004] KEHC 2649 (KLR)
Parties
Plaintiff: Halima Bare & 13 Others; Defendant: Maendeleo Ya Wanawake Organization
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
21 October 2004
Case Number
Civil Case 494 of 2005
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
application dismissed
Legal Topics
Affidavit Defects, Preliminary Objection, Injunctive Relief, Pleadings Requirements
Source Language
English
Civil Procedure Affidavit Defects Preliminary Objection Injunctive Relief Pleadings Requirements

Case Brief

Summary, issues, holding and outcome

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Parties

Halima Bare & 13 Others

Plaintiff

Maendeleo Ya Wanawake Organization

Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavits filed in support of the application and plaint comply with the mandatory requirements of the Civil Procedure Rules and Oaths and Statutory Declarations Act.
  2. 2 Whether the defects in the affidavits are curable or fatal to the application and suit.
  3. 3 Whether the preliminary objection raised by the defendant is merited and warrants striking out the affidavits and dismissal of the application.

Ratio Decidendi

The court found that the affidavits filed by the plaintiffs in support of the application and plaint were fatally defective for failing to comply with mandatory legal requirements. The defects included lack of certification and marking of annexures, failure to disclose the deponents' true place of abode, inclusion of hearsay without disclosure of sources, and improper swearing and execution of the affidavits. The court held that these were not mere irregularities of form but went to the substance and evidential value of the affidavits. Order 18 Rule 7 of the Civil Procedure Rules could not cure such fundamental defects. Consequently, the affidavits were struck out and expunged from the...

Court Disposition

application dismissed

Orders

  • The Chamber Summons dated 14th May 2004 is dismissed with costs to the respondents.
  • The affidavits filed in support of the application and plaint are struck out and expunged from the record.