[2007] KEHC 1919 (KLR)
The court found, upon examining the plaint and specifically paragraphs 8, 9, and 10, that there was a sufficient basis for the claim against the 2nd Defendant. The application to strike out the plaint as against the 2nd Defendant was therefore not merited. The court dismissed the Chamber Summons, holding that the...
Source-derived case information.
- Citation
- [2007] KEHC 1919 (KLR)
- Parties
- Plaintiff: Kenneth Ogutu Ekessah; Defendant: Allpack Industries Limited; Defendant: Kenya Union of Printing, Publishing, Paper Manufactures & Allied Workers
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 1094 of 2004
- Procedural Posture
- Civil Suit / Ruling on Chamber Summons to Strike Out Plaint Against 2nd Defendant
- Outcome
- application dismissed
- Judges
- JM Khamoni
- Legal Topics
- Wrongful Dismissal, Cause of Action, Striking Out Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Ogutu Ekessah
Plaintiff
Allpack Industries Limited
Defendant
Kenya Union of Printing, Publishing, Paper Manufactures & Allied Workers
Defendant
Procedural Posture
Civil Suit / Ruling on Chamber Summons to Strike Out Plaint Against 2nd Defendant
Legal Issues
- 1 Whether the plaint discloses a reasonable cause of action against the 2nd Defendant.
- 2 Whether the 2nd Defendant should be struck out from the proceedings.
Ratio Decidendi
The court found, upon examining the plaint and specifically paragraphs 8, 9, and 10, that there was a sufficient basis for the claim against the 2nd Defendant. The application to strike out the plaint as against the 2nd Defendant was therefore not merited. The court dismissed the Chamber Summons, holding that the Plaintiff's case disclosed a reasonable cause of action against the 2nd Defendant, and thus the 2nd Defendant should remain a party to the suit.
Court Disposition
application dismissed
Orders
- The Chamber Summons to strike out the plaint against the 2nd Defendant is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Suit 1094 of 2004
KENNETH OGUTU EKESSAH ..................................................... PLAINTIFF/RESPONDENT
VERSUS
ALLPACK INDUSTRIES LIMITED ................................................................1ST DEFENDANT
KENYA UNION OF PRINTING, PUBLISHING,
PAPER MANUFACTURES & ALLIED WORKERS ………2ND DEFENDANT/APPLICANT
RULING
This Chamber Summons brought under VI Rule 13 (1) (a) of the Civil Procedure Rules seeks to have the Plaintiff’s case in “the plaint herein” against the 2nd Defendant be struck out on the ground that it discloses no reasonable cause of action against the 2nd Defendant.
M/s J.A Guserwa representing the 2nd Defendant submitted that this was an application for an order to have the 2ND Defendant struck off the pleadings as the Cause of action as filed discloses no cause of action against the 2nd Defendant.
Mr. Conll Rajaba Mwondi the 2nd Defendant’s National General Secretary has sworn a supporting Affidavit. The Plaintiff seeks damages for wrongful dismissal from employment. Was employed by the 1st Defendant who exercised right to dismiss the Plaintiff and the 2nd Defendant had no part at all to play. M/s Guserwa submitted further that nothing shows the role the 2nd defendant played in the dismissal of the Plaintiff. That is why this application was not opposed. No cause of action disclosed. Application be granted.
Having carefully considered what has been said in the light of the plaint, original or amended particularly paragraphs 8,9 and 10, I do not agree with what M/s Guserwa has said and therefore this Chamber Summons is hereby dismissed with no order as to costs.
Dated and delivered at Nairobi this 7th day of December, 2007.
J.M. KHAMONI
JUDGE