[2001] KEHC 808 (KLR)
The court held that the plaintiff's failure to obtain Letters of Administration prior to filing suit was a fatal defect that deprived him of locus standi. This procedural default could not be cured, even by the plaintiff's status as a layperson unfamiliar with court procedures. The court emphasized that anyone...
Source-derived case information.
- Citation
- [2001] KEHC 808 (KLR)
- Parties
- Plaintiff: Meshack Thungu Kabati; Defendant: German Assisted Settlement Programme (G.A.S.P)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2242 of 1999
- Procedural Posture
- Civil Case / Ruling on Application to Strike Out Plaint
- Outcome
- Plaint struck out with costs to the defendant.
- Legal Topics
- Locus Standi, Striking Out Pleadings, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Meshack Thungu Kabati
Plaintiff
German Assisted Settlement Programme (G.A.S.P)
Defendant
Procedural Posture
Civil Case / Ruling on Application to Strike Out Plaint
Legal Issues
- 1 Whether the plaintiff's failure to obtain Letters of Administration before filing suit renders the suit incompetent.
- 2 Whether being a layperson unfamiliar with procedure excuses non-compliance with mandatory procedural requirements.
Ratio Decidendi
The court held that the plaintiff's failure to obtain Letters of Administration prior to filing suit was a fatal defect that deprived him of locus standi. This procedural default could not be cured, even by the plaintiff's status as a layperson unfamiliar with court procedures. The court emphasized that anyone choosing to represent themselves must comply with the procedural requirements of the court. Consequently, the suit was found to be incompetent and was struck out with costs awarded to the defendant.
Court Disposition
Plaint struck out with costs to the defendant.
Orders
- The application to strike out the plaint is allowed.
- The suit is struck out as incompetent.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 2242 OF 1999
MESHACK THUNGU KABATI ----------------------------------------------- PLAINTIFF VERSUS GERMAN ASSISTED SETTLEMENT PROGRAMME (G.A.S.P ) ------------------------------------------------------- DEFENDANT
R U L I N G
This application is brought under order VI rule 13(1)(b)(c) and (d) of Civil Procedure Rules (hereinafter referred to as “the Rules”). In it, the Defendant seeks to strike out the plaint.
It is common ground that the Plaintiff, who brings this action on behalf of a deceased person’s estate, had not obtained Letters of Administration prior to filing this suit. The Plaintiff who appeared in person stated that this default was not deliberate arguing that he was a lay person not conversant with rules of procedure.
The issue before the Court is whether the Plaintiff’s default is sufficient to render this suit incompetent.
I will answer that question summarily as follows: The Plaintiff’s failure to obtain Letters of Administration before filing this suit is fatal. He did not have locus standi to file this suit. It cannot be cured however. The effect of that default is that this suit is incompetent and must now be struck out. The Plaintiff cannot be helped even on the ground that he is a layman not conversant with the rules of this Court. Once he chose to move in this Court in person, he must comply with the procedure of the Court.
I, therefore, allow this application with costs.
DATED and deliv ered at Nairobi this 12 th day of March, 2001
ALNASHIR VISRAM JUDGE