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Nguruman Limited v. Jan Bonde Neilsen, Herman Philipus Steyn Also known as Hermannus Phillipus Steyn & Hedda Steyn

(2019) JELR 98439 (CA)

Court of Appeal  •  Civil Appeal 266 of 2015  •  25 Jan 2019  •  Kenya

Coram
Roselyn Naliaka Nambuye, Sankale ole Kantai, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

This appeal arises out of a ruling of the High Court which declined to grant orders to Nguruman Limited, the appellant to strike out Jan Bonde Neilsen, the 1st respondent’s Plaint dated 17th May 2010 that instituted proceedings against the appellant, Hermannus Philipus Steyn and Hedda Steyn, the 2nd and 3rd respondents, also referred to herein as, the defendants.

By a Notice of Motion dated 6th February 2014 brought under sections 1A and B, 3, 3A of the Civil Procedure Act, Order 2 rule 15 (1) (b), (c) and (d), order 51 rules 1 and 3 of the Civil Procedure Rules and the inherent powers of the court, the appellant sought the following orders;

1. That the appellant’s suit be struck out with costs for being an abuse of the court process;

2. That the Honourable court give such consequential, further or other orders as it may deem just; and

3. That the costs of the application be provided for.

The appellant’s application was said to be grounded on the 1st respondent misrepr…

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