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Kenya Oil Company Limited v. Jayantilal Dharamshi Gosrani

(2014) JELR 100004 (CA)

Court of Appeal  •  Civil Appeal 324 of 2005  •  11 Jul 2014  •  Kenya

Coram
David Kenani Maraga, Erastus Mwaniki Githinji, Mohammed Abdullahi Warsame

Judgement

JUDGMENT OF THE COURT

This is an appeal from the “order” of the High Court (Ransley, J.) whereby the learned Judge rejected an application to strike out the plaint and instead gave leave to the respondent herein to file a verifying affidavit within seven days.

By a plaint dated 21st January 2005, and date stamped 21st January 2005 by the High Court, the respondent claimed from the appellant shs. 101,574,900/- as anticipatory damages allegedly as a result of breach of a lease; exemplary and punitive damages; costs; and interest.

The plaint was accompanied by a verifying affidavit of the respondent allegedly sworn on 24th January 2005 before Njeri Onyango – a Commissioner of Oaths. The verifying affidavit had a date stamp of the High Court indicating that it was received on 21st January 2005.

The appellant filed a defence denying liability. In addition, the appellant averred that the plaint should be struck out as the verifying affidavit did not comply with provisions of Order 7 Rule 3(2) o…

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