[2013] KEHC 6074 (KLR)

[2013] KEHC 6074 (KLR)

The court found that the plaint, as drafted, was grounded wholly on negligence and did not disclose a reasonable cause of action known to law, as there is no civil liability in tort for the death of a person at common law. The Plaintiff's suggestion that the plaint could be amended to plead breach of contract or statutory duty was not supported by any specific factual foundation or pleaded relationship between the Plaintiff and Defendant that would give rise to such duties. The court held that the proposed amendments were speculative and insufficiently grounded, and that the suit was so weak as to be beyond redemption. Accordingly, the plaint was struck out and the suit dismissed with costs.

Citation
[2013] KEHC 6074 (KLR)
Parties
Plaintiff: MIDOCEAN (10M) LIMITED; Defendant: KENYA PORTS AUTHORITY
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
19 February 2013
Case Number
Civil Case 14 of 2012
Procedural Posture
Civil Case / Ruling on Application to Strike Out Plaint
Outcome
plaint struck out and suit dismissed with costs
Legal Topics
Negligence Liability, Striking Out Pleadings, Duty of Care, Breach of Statutory Duty, Amendment of Pleadings, Special Damages
Source Language
English
Tort Law Civil Procedure Commercial and Corporate Negligence Liability Striking Out Pleadings Duty of Care Breach of Statutory Duty Amendment of Pleadings +1 more

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Parties

MIDOCEAN (10M) LIMITED

Plaintiff

KENYA PORTS AUTHORITY

Defendant

Procedural Posture

Civil Case / Ruling on Application to Strike Out Plaint

Legal Issues

  1. 1 Whether the plaint discloses a reasonable cause of action in law against the Defendant.
  2. 2 Whether the Plaintiff can maintain a claim in negligence for damages arising from the death of an employee.
  3. 3 Whether the plaint can be cured by amendment to plead breach of contract or statutory duty.

Ratio Decidendi

The court found that the plaint, as drafted, was grounded wholly on negligence and did not disclose a reasonable cause of action known to law, as there is no civil liability in tort for the death of a person at common law. The Plaintiff's suggestion that the plaint could be amended to plead breach of contract or statutory duty was not supported by any specific factual foundation or pleaded relationship between the Plaintiff and Defendant that would give rise to such duties. The court held that the proposed amendments were speculative and insufficiently grounded, and that the suit was so weak as to be beyond redemption. Accordingly, the plaint was struck out and the suit dismissed with costs.

Court Disposition

plaint struck out and suit dismissed with costs

Orders

  • The plaint is struck out.
  • The suit is dismissed with costs to the Defendant.