[2009] KEHC 540 (KLR)
The court found that the plaintiffs' pleadings were neither scandalous, frivolous, nor vexatious, nor did they amount to an abuse of the process of the court. The court further held that the pleadings raised important and weighty legal points that warranted determination at trial. The attempt by parties to introduce...
Source-derived case information.
- Citation
- [2009] KEHC 540 (KLR)
- Parties
- Plaintiff: Dr Jaswinder Sian Hulsman; Plaintiff: Dr Michael Schmidt Hulsman; Defendant: My School (Montessori) Limited; Defendant: Bijal R. Shah
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 178 of 2008
- Procedural Posture
- Civil Case / Ruling on Chamber Summons Application to Strike Out Pleadings
- Outcome
- application dismissed with costs to the plaintiffs/respondents
- Legal Topics
- Striking Out Pleadings, Abuse of Process, Scandalous Pleadings, Frivolous and Vexatious Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr Jaswinder Sian Hulsman
Plaintiff
Dr Michael Schmidt Hulsman
Plaintiff
My School (Montessori) Limited
Defendant
Bijal R. Shah
Defendant
Procedural Posture
Civil Case / Ruling on Chamber Summons Application to Strike Out Pleadings
Legal Issues
- 1 Whether the pleadings filed by the plaintiffs are scandalous, frivolous, or vexatious.
- 2 Whether the pleadings constitute an abuse of the process of the court.
- 3 Whether evidence was improperly introduced through written submissions contrary to Order VI Rule (2) of the Civil Procedure Rules.
Ratio Decidendi
The court found that the plaintiffs' pleadings were neither scandalous, frivolous, nor vexatious, nor did they amount to an abuse of the process of the court. The court further held that the pleadings raised important and weighty legal points that warranted determination at trial. The attempt by parties to introduce evidence through written submissions was contrary to the Civil Procedure Rules. Consequently, the application to strike out the pleadings was dismissed with costs to the plaintiffs/respondents.
Court Disposition
application dismissed with costs to the plaintiffs/respondents
Orders
- The defendants/applicants' chamber summons application dated 24th June 2009 is dismissed.
- Costs of the application are awarded to the plaintiffs/respondents.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
MILIMANI LAW COURTS
Civil Case 178 of 2008
DR JASWINDER SIAN HULSMAN…………………1ST PLAINTIFF/ RESPONDENT
DR. MICHAEL SCHMIDT HULSMAN……………2ND PLAINTIFF/ RESPONDENT
Versus
MY SCHOOL (MONTESSORI) LIMITED………….1ST DEFENDANT/APPLICANT BIJAL R. SHAH…………………………………………….2ND DEFENDANT/APPLICANT
RULING
Having carefully considered the Defendants/Applicants written submissions dated 11th November 2009 in support of their Application by Chamber Summons dated 24th June 2009; and the Plaintiffs/Respondents written submissions dated 24th November 2009 in opposition to aforesaid Chamber Summons the said Chamber Summons be and is hereby dismissed with costs to the Plaintiffs/Respondents for the following reasons:-
Firstly, I do not find the pleadings scandalous, frivolous or vexatious;
Secondly, I do not find the pleadings an abuse of the process of the court;
Thirdly, parties through their written submissions are introducing evidence contrary to Order VI Rule (2) of the Civil Procedure Rules;
Fourthly, the pleadings raise important and weighty legal points proper to be considered for a resolution during the trial in the main suit.
Dated this 27th day of November 2009.
J. M. KHAMONI
JUDGE