LALI SWALEH LALI & 3 OTHERS V. STEPHEN MATHENGE WACHIRA & 3 OTHERS
(1997) JELR 104623 (CA)
Court of Appeal
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Civil Application 249 of 1997 (Ur 107/97)
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18 Dec 1997
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Kenya
Coram
Gurbachan Singh Pall JA
Akilano Molade Akiwumi JA
Philip Kiptoo Tunoi JA
Judgement
<p class="ql-align-center">RULING OF THE COURT</p><p class="ql-align-justify">We have no doubt that the applicant's intended appeal against the ruling of Ole Keiwua, J. is not a frivolous one. The respondents in the present application had sought the striking out of the amended plaint filed by the applicants, the plaintiffs in the main suit, on the ground that it did not disclose any cause of action against the 1st and 2nd respondents and that the suit was consequently, frivolous, vexations, scandalous and an abuse of the process of the court. A number of substantial and complicated issues were raised in the hearing of the respondent's application to strike out. The suit concerned the ownership of a fishing village, Mayunga Fishing Village, on which, the applicants who hail from a long line of fishermen, claim that they and their ancestors had been permanently settled since some fifty years ago, and on which they and their ancestors had been in occupation of, and used as a fishing base, even before the beginning of this century. This fishing …</p>