[2005] KEHC 2007 (KLR)
The court held that the 1st Defendant's defence, as pleaded, raises triable issues regarding both the alleged unlawful termination of employment and the claim of malicious prosecution. The Plaintiff has the option to seek further particulars if necessary. Since the defence is not plainly unsustainable and does not...
Source-derived case information.
- Citation
- [2005] KEHC 2007 (KLR)
- Parties
- Plaintiff: Samuel Obondi Wandiga; Defendant: Kenya Wildlife Service; Defendant: Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 975 of 2003
- Procedural Posture
- Civil Suit / Ruling on Application to Strike Out Defence
- Outcome
- application dismissed with costs to the respondent
- Legal Topics
- Striking Out Pleadings, Triable Issues, Unlawful Termination, Malicious Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Obondi Wandiga
Plaintiff
Kenya Wildlife Service
Defendant
Another
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Strike Out Defence
Legal Issues
- 1 Whether the 1st Defendant's defence discloses a reasonable defence to the Plaintiff's claim.
- 2 Whether the defence should be struck out for failing to raise triable issues.
Ratio Decidendi
The court held that the 1st Defendant's defence, as pleaded, raises triable issues regarding both the alleged unlawful termination of employment and the claim of malicious prosecution. The Plaintiff has the option to seek further particulars if necessary. Since the defence is not plainly unsustainable and does not fail to disclose a reasonable defence, the drastic remedy of striking out is not warranted. The application to strike out the defence is therefore dismissed with costs to the Respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- The application to strike out the 1st Defendant's defence is dismissed.
- Costs awarded to the Respondent.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
Civil Suit 975 of 2003SAMUEL OBONDI WANDIGA……………….……………..PLAINTIFFVERSUSKENYA WILDLIFE SERVICE & ANOTHER………....DEFENDANTS
RULING
The Applicant applies to strike out the 1st Defendant’s defence on the grounds that it does not disclose a reasonable Defence.
Striking out a pleading is a remedy to be used sparingly. In this case the 1st Defendant denies it unlawfully terminated the Plaintiff’s employment. It is open to the Plaintiff to apply for particulars as to how the employment was lawfully terminated but as pleaded it raises a triable issue.
With regard to malicious prosecution the 1st Defendant states it was not a party involved in the prosecution of the Plaintiff. This again raises a triable issue. In the result l dismiss this application with costs to the Respondent.
DATED and DELIVERED at NAIROBI on 17th February 2005 P.J RANSLEY JUDGE