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(1976) JELR 106100 (CA)

Court of Appeal  •  Civil Appeal 22 of 1975  •  10 Mar 1976  •  Kenya

Eric John Ewen Law, Abdulla Mustafa, Justin Saulo Musoke



This is an appeal by, or on behalf of, the plaintiffs in a suit filed in the High Court which has been dismissed with costs by Waiyaki J after hearing an application by way of chamber summons brought by the Attorney- General, for the plaint to be struck out, under order VI, rules 8, 13 and 14, and order VII, rule 5, of the Civil Procedure Rules as then in force. The original plaint was filed on 10th November 1973. There were five plaintiffs. An amended plaint was filed on 17th December 1973. The body of the amended plaint is in the same words as the original plaint; it was filed to enable a further sixty plaintiffs to be added. The fifth plaintiff is described in the original plaint as “Memory Fig Tree Mwangi and Irungu Self Help Group” and in the amended plaint as “Memory Fig Tree Mwangi and Irungu Self Help.” Both plaints were signed by the first plaintiff only, describing himself as “Chairman, Memory Fig Tree Mwangi and Irungu Self Help Group”. The amended plaint reads as f…

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