[2007] KEHC 1772 (KLR)
The court found that the amended Chamber Summons dated 16.5.2002 was filed without the requisite leave of court. As leave was not obtained, the amendment was not properly before the court, rendering the application incompetent. Consequently, the court struck out the amended Chamber Summons for want of compliance...
Source-derived case information.
- Citation
- [2007] KEHC 1772 (KLR)
- Parties
- Plaintiff: James Bandi Matia; Defendant: Mumias Outgrowers Co. Ltd.
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Case 37 of 2002
- Procedural Posture
- Civil Case / Ruling on Amended Chamber Summons to Strike Out Defence
- Outcome
- Amended Chamber Summons struck out as incompetent; no order as to costs.
- Legal Topics
- Striking Out of Pleadings, Amendment of Pleadings, Leave of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Bandi Matia
Plaintiff
Mumias Outgrowers Co. Ltd.
Defendant
Procedural Posture
Civil Case / Ruling on Amended Chamber Summons to Strike Out Defence
Legal Issues
- 1 Whether the amended Chamber Summons filed by the plaintiff without leave of court is competent.
- 2 Whether the defence in the suit should be struck out based on the amended Chamber Summons.
Ratio Decidendi
The court found that the amended Chamber Summons dated 16.5.2002 was filed without the requisite leave of court. As leave was not obtained, the amendment was not properly before the court, rendering the application incompetent. Consequently, the court struck out the amended Chamber Summons for want of compliance with procedural requirements, specifically the need for leave to amend pleadings or applications after initial filing.
Court Disposition
Amended Chamber Summons struck out as incompetent; no order as to costs.
Orders
- The amended Chamber Summons dated 16.5.2002 is struck out.
- There is no order as to costs.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA
Civil Case 37 of 2002
JAMES BANDI MATIA ……………….…..………… PLAINTIFF
VERSUS
MUMIAS OUTGROWERS CO. LTD. ……..….... DEFENDANT
RULING
The Plaintiff, James Bandi Matia, is represented in this suit by a firm of Advocates, namely, Kahi & Company. The said firm went on record for the plaintiff on 28-4-2004. Prior thereto, the Plaintiff acted in person and had on 10-5-2002 filed a Chamber Summons dated 8. 4.2002 seeking an order that defence filed in Kakamega H.C.C.C. No. 95 of 2001 be struck out. That suit (95/2001) was originally in the lower court as Kakamega C.M.C.C. No. 441 of 2001 and was transferred to this court by an order of this court dated 1st March 2002. It is now the present suit No. 37 of 2002.
On 26/5/2002, the Plaintiff filed an amended Chamber Summons dated 16. 5.2002 seeking to have the defence in this case struck out. There was no leave of court allowing the amendment. In the circumstances, the amended Chamber Summons is incompetent and is truck out with no order as to costs.
Dated at Kakamega this 11th October, 2007.
G. B. M. KARIUKI
J U D G E