[2012] KEHC 479 (KLR)
The court found that the Respondent had been properly served with the application but failed to attend court or file any opposition. In the absence of any grounds of opposition or replying affidavit, the application was unopposed. The court held that, in such circumstances, the Applicant was entitled to the orders...
Source-derived case information.
- Citation
- [2012] KEHC 479 (KLR)
- Parties
- Plaintiff: Jaswant Singh & Brothers Limited; Defendant: Gondho Enterprises Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 407 of 2006
- Procedural Posture
- Civil Suit / Ruling on Application to Strike Out Plaint and Dismiss Suit
- Outcome
- Plaint and suit struck out and dismissed with costs to the Applicant.
- Judges
- CM Njagi, GV Odunga
- Legal Topics
- Striking Out of Pleadings, Dismissal of Suit, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jaswant Singh & Brothers Limited
Plaintiff
Gondho Enterprises Limited
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Strike Out Plaint and Dismiss Suit
Legal Issues
- 1 Whether the Plaintiff's Plaint dated 25th July, 2006 should be struck out under Order VI Rule 13(1)(b) and (d) of the Civil Procedure Rules.
- 2 Whether the suit should be dismissed with costs due to lack of opposition or response from the Plaintiff.
Ratio Decidendi
The court found that the Respondent had been properly served with the application but failed to attend court or file any opposition. In the absence of any grounds of opposition or replying affidavit, the application was unopposed. The court held that, in such circumstances, the Applicant was entitled to the orders sought, namely, the striking out of the Plaint and dismissal of the suit with costs. The court accordingly granted prayers 1 and 2 of the Chamber Summons dated 8th November, 2010 as prayed.
Court Disposition
Plaint and suit struck out and dismissed with costs to the Applicant.
Orders
- Plaint dated 25th July, 2006 is struck out.
- Civil Suit 407 of 2006 is dismissed with costs to the Applicant.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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JASWANT SINGH & BROTHERS LIMITED………………....PLAINTIFF
VERSUS
GONDHO ENTERPRISES LIMITED……………………...…DEFENDANT
RULING
This application seeks orders that the Plaintiff’s Plaint herein dated 25th July, 2006 be struck out, and that the suit be dismissed with costs. It is brought by way of Chamber summons dated 8th November, 2010, and taken out under Order VI Rule 13(1) (b) and (d) of the Civil Procedure Rules, and Sections 3 and 3A of the Civil Procedure Act.
When the matter came for hearing on 2th January, 2011, Mr. Maweu appeared for the Applicant but there was no appearance for the Respondent. The court noted that the Respondent’s Advocates had been served on 19th November, 2010. This gave them sufficient time to attend court but they did not do so. As if that were not enough, they did not file any grounds of opposition or replying affidavit. In the circumstances, the application was unopposed and the Applicant entitled to orders as prayed.
Prayers 1 and 2 of the application by Chamber Summons dated 8th November, 2010 are accordingly hereby granted as prayed.
L. NJAGI
JUDGE
DATEDand DELIVEREDat NAIROBI this 5th day of November, 2012
ODUNGA
JUDGE