[2001] KEHC 39 (KLR)
The court held that although the defendant's document was not drafted in the formal manner of a defence, it effectively traversed the allegations in the plaint and was signed by the defendant. The court recognized that the defendant was acting in person and did not have the benefit of legal counsel. The document did...
Source-derived case information.
- Citation
- [2001] KEHC 39 (KLR)
- Parties
- Plaintiff: Joyce Nduta Muchugi & 9 Others; Defendant: James Ndungu Muchugi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1972 of 2000
- Procedural Posture
- Civil Case / Ruling on Chamber Summons to Strike Out Defence
- Outcome
- application dismissed
- Legal Topics
- Striking Out of Pleadings, Form of Defence, Self Represented Litigants
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Nduta Muchugi & 9 Others
Plaintiff
James Ndungu Muchugi
Defendant
Procedural Posture
Civil Case / Ruling on Chamber Summons to Strike Out Defence
Legal Issues
- 1 Whether the document filed by the defendant amounts to a defence in law.
- 2 Whether the defence should be struck out for not conforming to formal requirements.
Ratio Decidendi
The court held that although the defendant's document was not drafted in the formal manner of a defence, it effectively traversed the allegations in the plaint and was signed by the defendant. The court recognized that the defendant was acting in person and did not have the benefit of legal counsel. The document did not purport to be an affidavit and, despite its informal structure and the introduction of evidence in some paragraphs, it sufficiently amounted to a defence in law. Therefore, the application to strike out the defence was dismissed.
Court Disposition
application dismissed
Orders
- The application to strike out the defence is dismissed with costs to the defendant.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
CIVIL CASE NO.1972 OF 2000
JOYCE NDUTA MUCHUGI & 9 OTHERS….............................…….PLAINTIFFS/APPLICANTS
-VERSUS-
JAMES NDUNGU MUCHUGI…………….........................………..DEFENDANTRESPONDENT
RULING
In the Chamber Summons filed on 23. 1.2001, the Plaintiff is asking for an order to strike out the defence and judgement to be entered for the Plaintiff. The Application is grounded on the grounds that what is filed and termed as a defence is not a defence in law.
The Defence in question is a document which is worded like an affidavit and tittled “Defence”. The applicant objects to this document because it is not made in the formal manner of a drafted defence. A look at the contents of this document will however show that the Defendant is traversing the allegations in the plaint. He has done so effectively by denying the allegations in details, sufficient to amount to a defence. In some paragraphs he has gone to the extent of introducing evidence and so far, that is the only fault which can be pointed out. The Defendant is acting in person and did not have the benefit of a lawyer.
The document does not purport to be an affidavit and it is signed by the Defendant. I therefore find that the document amounts to a Defence. The application is dismissed with costs to the Defendant.
Delivered and dated this 13th of February, 2001
KASANGA MULWA
JUDGE