[2004] KEHC 2218 (KLR)
The court found that the plaint, as currently drafted, does not disclose any reasonable or triable cause of action against the 4th Defendant, National Bank of Kenya Ltd. The judge was not satisfied that there were any triable issues raised against the 4th Defendant, and therefore allowed the application to strike...
Source-derived case information.
- Citation
- [2004] KEHC 2218 (KLR)
- Parties
- Plaintiff: Sammy Mwangangi; Plaintiff: Musyoka Ilima; Plaintiff: Nzula Muema; Plaintiff: Muli Mwango; Plaintiff: Matheka Malei; Plaintiff: Maundu Muthoka; Plaintiff: Muthusi Muema; Plaintiff: Kisillu Munyoki; Plaintiff: Jane Muikia; Plaintiff: Nzule Musyoka; Defendant: The Commissioner of Lands; Defendant: The Attorney General; Defendant: Thabiti Finance Co. Ltd.; Defendant: National Bank of Kenya Ltd.; Defendant: James Gamau Wainaina; Defendant: Lucy Nyawira; Defendant: Sera Wanjiku; Defendant: Simon Muruti Wanguo; Defendant: Raphael Muigai Mwangi; Defendant: Paul Kahuti Kondiah
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 298 of 2003
- Procedural Posture
- Civil Case / Ruling on Application to Strike Out Plaint Against 4th Defendant
- Outcome
- Plaint struck out as against the 4th Defendant with costs.
- Legal Topics
- Striking Out of Pleadings, Reasonable Cause of Action, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sammy Mwangangi
Plaintiff
Musyoka Ilima
Plaintiff
Nzula Muema
Plaintiff
Muli Mwango
Plaintiff
Matheka Malei
Plaintiff
Maundu Muthoka
Plaintiff
Muthusi Muema
Plaintiff
Kisillu Munyoki
Plaintiff
Jane Muikia
Plaintiff
Nzule Musyoka
Plaintiff
The Commissioner of Lands
Defendant
The Attorney General
Defendant
Thabiti Finance Co. Ltd.
Defendant
National Bank of Kenya Ltd.
Defendant
James Gamau Wainaina
Defendant
Lucy Nyawira
Defendant
Sera Wanjiku
Defendant
Simon Muruti Wanguo
Defendant
Raphael Muigai Mwangi
Defendant
Paul Kahuti Kondiah
Defendant
Procedural Posture
Civil Case / Ruling on Application to Strike Out Plaint Against 4th Defendant
Legal Issues
- 1 Whether the plaint discloses a reasonable cause of action against the 4th Defendant.
- 2 Whether the suit against the 4th Defendant is frivolous, vexatious, or an abuse of court process.
Ratio Decidendi
The court found that the plaint, as currently drafted, does not disclose any reasonable or triable cause of action against the 4th Defendant, National Bank of Kenya Ltd. The judge was not satisfied that there were any triable issues raised against the 4th Defendant, and therefore allowed the application to strike out the plaint as against the 4th Defendant. The court further held that the suit against the 4th Defendant was frivolous, vexatious, and an abuse of the court process, warranting the striking out of the plaint with costs to the 4th Defendant.
Court Disposition
Plaint struck out as against the 4th Defendant with costs.
Orders
- The plaint is struck out as against the 4th Defendant, National Bank of Kenya Ltd.
- Costs of the application dated 1st December 2003 and of the suit awarded to the 4th Defendant.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 298 OF 2003
SAMMY MWANGANGI
MUSYOKA ILIMA
NZULA MUEMA
MULI MWANGO
MATHEKA MALEI ……………………………PLAINTIFFS
MAUNDU MUTHOKA
MUTHUSI MUEMA
KISILLU MUNYOKI
JANE MUIKIA
NZULE MUSYOKA
versus
THE COMMISSIONER OF LANDS
THE ATTORNEY GENERAL
THABITI FINANCE CO. LTD.
NATIONAL BANK OF KENYA LTD.
JAMES GAMAU WAINAINA ……………DEFENDANTS
LUCY NYAWIRA
SERA WANJIKU
SIMON MURUTI WANGUO
RAPHAEL MUIGAI MWANGI
PAUL KAHUTI KONDIAH R U L I N G
The application before me, made by Chamber Summons dated the 1st December 2003 and filed on the 9th December 2003, seeks to strike out the plaint as against the 4th Defendant for the reasons and upon the grounds set forth therein.
In her submissions, Miss Oduor for the 4th Defendant/Applicant challenged the Grounds of Opposition dated the 2nd February 2004 and filed on the 10th February 2004 as being incomprehensible as the 4th Defendant has no interest in the two properties referred to therein.
Mr. Musyoki , in reply, relying on the said Grounds stated that the 4th Defendant is a chargee of the two properties referred to in the Plaintiffs’ said Grounds and is sued as such.
Having considered the application in conjunction with the Plaint, I am not satisfied upon the Plaint as it now stands and is at present drafted that it does show a reasonable as triable cause or triable issues against the 4th Defendant and for this reason, I allow the application and grant the order as prayed to the intent that the Plaint herein is struck out as against the 4th Defendant with costs of the application dated the 1st December 2003 and of the suit to the 4th Defendant on the grounds that the Plaint discloses no reasonable cause of action against the 4th Defendant and that it is frivolous and vexatious and that it is otherwise an abuse of the court process.
Dated and delivered at Nairobi this 12th day of March 2004.
P. Kihara Kariuki
Ag. Judge