[2010] KEHC 675 (KLR)
The court found that the 2nd defendant failed to comply with the court order requiring discovery on oath of documents within the stipulated period. The 2nd defendant also failed to respond to the application or attend the hearing. Exercising its powers under Order X Rule 20 of the Civil Procedure Rules, the court...
Source-derived case information.
- Citation
- [2010] KEHC 675 (KLR)
- Parties
- Plaintiff: Kenya Anti-Corruption Commission; Defendant: Rebecca Njeri Karanja; Defendant: Phillip Njuguna; Defendant: Wilson Gacanja
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 13 of 2007
- Procedural Posture
- Civil Suit / Ruling on Application to Strike Out Defence and Enter Judgment
- Outcome
- Defence of the 2nd defendant struck out; judgment entered for the plaintiff as prayed in the plaint.
- Judges
- GG Okwengu
- Legal Topics
- Discovery Non Compliance, Striking Out Defence, Default Judgment, Court Orders Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Anti-Corruption Commission
Plaintiff
Rebecca Njeri Karanja
Defendant
Phillip Njuguna
Defendant
Wilson Gacanja
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Strike Out Defence and Enter Judgment
Legal Issues
- 1 Whether the 2nd defendant failed to comply with the court order for discovery on oath of documents.
- 2 Whether the defence filed by the 2nd defendant should be struck out for non-compliance with discovery orders.
- 3 Whether judgment should be entered in favour of the plaintiff as prayed in the plaint.
Ratio Decidendi
The court found that the 2nd defendant failed to comply with the court order requiring discovery on oath of documents within the stipulated period. The 2nd defendant also failed to respond to the application or attend the hearing. Exercising its powers under Order X Rule 20 of the Civil Procedure Rules, the court determined that the appropriate sanction was to strike out the 2nd defendant's defence and enter judgment in favour of the plaintiff as prayed in the plaint.
Court Disposition
Defence of the 2nd defendant struck out; judgment entered for the plaintiff as prayed in the plaint.
Orders
- The defence filed by the 2nd defendant on 17th May, 2006 is struck out.
- Judgment is entered in favour of the plaintiff as prayed in the plaint.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLICOFKENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
LAND AND ENVIRONMENTAL LAW DIVISION
CIVIL SUIT (ELC) NO.13 OF 2007
KENYAANTI-CORRUPTION COMMISSION……….PLAINTIFF
VERSUS
REBECCA NJERI KARANJA..…………………..1ST DEFENDANT
PHILLIP NJUGUNA………………………………2ND DEFENDANT
WILSON GACANJA………………………………3RD DEFENDANT
R U L I N G
1. By a notice of motion dated 12th August, 2010, the Kenya Anti-Corruption Commission, who is the plaintiff herein seeks to have the defence dated 17th May, 2007 filed by the 2nd defendant, Phillip Njuguna struck out, and judgment entered in favour of the plaintiff as prayed in the plaint.
2. On 16th June, 2009, the court ordered the 2nd and 3rd defendants to make discovery on oath of the documents which are or have been in their possession or power relating to any matter in question. The defendants were further ordered to make the discovery within 30 days from that date.The plaintiff now contends that the 2nd defendant has failed to comply with the court order.
3. Although the 2nd defendant was served with 3 applications, the 2nd defendant did not file any reply to the application nor attend court for the hearing of the application.In the circumstances, in exercise of the powers conferred under Order X Rule 20 of the Civil Procedure Rules, this court orders that the defence filed by the 2nd defendant on17th May, 2006, be struck out and judgment be entered in favour of the plaintiff as prayed in the plaint.
Orders accordingly.
Dated and delivered this 26th day of November, 2010
H. M. OKWENGU
JUDGE
In the presence of: -
Kagucia for the plaintiff/applicant
Advocate for the defendant/respondents absent
B. Kosgei - Court clerk