[2004] KEHC 121 (KLR)
The court found that the plaint, as currently drafted, did not disclose a reasonable or triable cause of action against the 4th Defendant. The judge determined that the 4th Defendant had no discernible interest in the properties referenced in the plaint and that the allegations against the 4th Defendant were...
Source-derived case information.
- Citation
- [2004] KEHC 121 (KLR)
- Parties
- Applicant: Mwangangi & 9 others; Respondent: The Commissioner of Lands & 9 others; Defendant: 4th Defendant; Plaintiff: Plaintiffs
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 298B of 2003
- Procedural Posture
- Civil Case / Ruling on Application to Strike Out Plaint Against 4th Defendant
- Outcome
- application allowed; plaint struck out as against 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
Mwangangi & 9 others
Applicant
The Commissioner of Lands & 9 others
Respondent
4th Defendant
Defendant
Plaintiffs
Plaintiff
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 plaint as drafted is frivolous, vexatious, or an abuse of the court process.
Ratio Decidendi
The court found that the plaint, as currently drafted, did not disclose a reasonable or triable cause of action against the 4th Defendant. The judge determined that the 4th Defendant had no discernible interest in the properties referenced in the plaint and that the allegations against the 4th Defendant were insufficient to sustain a claim. Consequently, the plaint was struck out as against the 4th Defendant on the grounds that it disclosed no reasonable cause of action, was frivolous and vexatious, and constituted an abuse of the court process.
Court Disposition
application allowed; plaint struck out as against 4th Defendant with costs
Orders
- The plaint is struck out as against the 4th Defendant.
- Costs of the application dated 1st December 2003 and of the suit are awarded to the 4th Defendant.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 298B of 2003
Mwangangi & 9 others………..…………………………......................……………………APPLICANT
Versus
The Commissioner of Lands & 9 others……………………..................…………….RESPONDENT
RULING
The application before me, made by Chamber Summons dated the 1st December 2003 and filed on the 9th December 2003, seeks to strike 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 and 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.
April 16, 2004
Kariuki, J