[2008] KEHC 2714 (KLR)
The court found that the plaintiff's chamber summons was, in substance, an attempt to compel the defendants to provide their evidence prematurely or beyond what is required by the procedural rules. The court agreed with the defendants' counsel that their actions thus far were sufficient and that the application by...
Source-derived case information.
- Citation
- [2008] KEHC 2714 (KLR)
- Parties
- Plaintiff: Peter Kanyago; Defendant: The Standard Limited; Defendant: Managing Editor The Standard Newspaper; Defendant: Kamau Ngotho
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 356 of 2005
- Procedural Posture
- Civil Suit / Ruling on Chamber Summons
- Outcome
- chamber summons dismissed with costs to respondents
- Judges
- JM Khamoni
- Legal Topics
- Discovery of Evidence, Chamber Summons, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Kanyago
Plaintiff
The Standard Limited
Defendant
Managing Editor The Standard Newspaper
Defendant
Kamau Ngotho
Defendant
Procedural Posture
Civil Suit / Ruling on Chamber Summons
Legal Issues
- 1 Whether the plaintiff is entitled to the orders sought in the chamber summons dated 4th October, 2006.
- 2 Whether the defendants have sufficiently complied with their obligations regarding evidence disclosure.
Ratio Decidendi
The court found that the plaintiff's chamber summons was, in substance, an attempt to compel the defendants to provide their evidence prematurely or beyond what is required by the procedural rules. The court agreed with the defendants' counsel that their actions thus far were sufficient and that the application by the plaintiff was not merited. Consequently, the chamber summons was dismissed with costs to the respondents.
Court Disposition
chamber summons dismissed with costs to respondents
Orders
- The chamber summons dated 4th October, 2006 is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Civil Suit 356 of 2005
PETER KANYAGO ………………………….......……………………………… PLAINTIFF
VERSUS
THE STANDARD LIMITED ………………......…………………… FIRST DEFENDANT
MANAGING EDITOR THESTANDARD NEWSPAPER ……SECOND DEFENDANT
KAMAU NGOTHO ……………………………...............………….. THIRD DEFENDANT
RULING
From what has been brought to my attention during the hearing of this chamber summons dated 4th October, 2006, it is my considered opinion that what Mr. Gitonga, Counsel for the Respondents, has said that what the Defence has so far done is sufficient and that Mr. Kibaara and his client, the Plaintiff, through the chamber summons herein in effect seek to be provided with the Defendant’s evidence is correct.
In the circumstances therefore, the said chamber summons is hereby dismissed with costs to the Respondents.
Dated this 22nd day of May, 2008.
J.M. KHAMONI
JUDGE