[1998] KEHC 249 (KLR)
The court found that the Deputy Registrar's refusal to order the provision of particulars was wrong in law. It held that only the respondent knows the identity of the third parties (potential employers) referred to in the pleadings, and their disclosure is essential for the appellant to respond adequately. The court...
Source-derived case information.
- Citation
- [1998] KEHC 249 (KLR)
- Parties
- Plaintiff: Sabina Oyatsi; Defendant: Bata Shoe Company (Kenya) Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1352 of 1995
- Procedural Posture
- Civil Case / Ruling on Application to Set Aside Deputy Registrar's Order
- Outcome
- appeal allowed
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Particulars of Pleadings, Libel, Disclosure of Third Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sabina Oyatsi
Plaintiff
Bata Shoe Company (Kenya) Limited
Defendant
Procedural Posture
Civil Case / Ruling on Application to Set Aside Deputy Registrar's Order
Legal Issues
- 1 Whether the Deputy Registrar erred in dismissing the application for provision of particulars of pleadings.
- 2 Whether the respondent is required to supply particulars identifying third parties referred to in the plaint in a libel case.
Ratio Decidendi
The court found that the Deputy Registrar's refusal to order the provision of particulars was wrong in law. It held that only the respondent knows the identity of the third parties (potential employers) referred to in the pleadings, and their disclosure is essential for the appellant to respond adequately. The court emphasized the requirement that a party should have notice of the opponent's claim to prevent prejudice at trial. The court adopted the principle from Bradbury v Cooper that particulars of the party to whom the slander was uttered must be supplied. Accordingly, the appeal was allowed, and the respondent was ordered to supply the requested particulars within 21 days, failing...
Court Disposition
appeal allowed
Orders
- The respondent shall supply the particulars requested for within 21 days of service of this order.
- In default, the offending paragraphs of the plaint shall be struck out.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 1352 OF 1995
SABINA OYATSI...............................................................................PLAINTIFF
versus
BATA SHOE COMPANY (KENYA) LIMITED...............................DEFENDANT
R U L I N G
This an application under Order 48 Rule 5(sub-rule 2) seeking to set aside the order of the Deputy Registrar made on 12th May 1997 wherein she dismissed the appellant’s application for provision of particulars of pleadings. The learned counsel for the appellant has raised 4 grounds of appeal which are of relevance. The respondent’s case is based on libel which she has given particulars in her plaint. Following the said plaint, the appellant requested to be provided with particulars which the respondent refused to provide. It is true that it is only the respondent who knows to whom she is referring to in the pleadings as potential employers. These are third parties and their disclosure is essential for the appellant to be able to respond adequately to the said pleadings. It is a requirement that a party should have notice of his oponents claim so that no prejudice shall result during the trial. In the case of (Bradbury -v- Cooper) 1883 12 C.B 94 which has been cited by the learned counsel for the appellant it was held that particulars of the party to whom the slander was uttered must be supplied. I agree with the holding and find that the ruling of the Deputy Registrar was wrong in law.
Accordingly, I allow the appeal and order that the respondent shall supply the particulars requested for within 21 days of service of this order. In default the offending paragraphs of the plaint shall be struck out. The costs of this application shall be in the cause.
Dated and delivered at Nairobi this 6th day of May, 1998.
A. MBOGHOLI MSAGHA
JUDGE