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Omar Saleh Said v. Kilindini Warehouses (K) Limited & Awadh Saleh Said

(2013) JELR 96642 (CA)

Court of Appeal  •  Civil Appeal 234 of 2010  •  3 Jul 2013  •  Kenya

Coram
Erastus Mwaniki Githinji, Milton Stephen Asike Makhandia, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

This is an appeal from the ruling of the superior court (Ojwang, J., as he then was) delivered on 2nd July, 2010 wherein the learned Judge dismissed the appellant's application for striking out plaint with costs to the respondents.

The appellant, in a Chamber Summons dated 30th March, 2010, had fled an application for orders:-

“1. That this Honourable Court do dismiss the plaintiff's suit against the defendant as it does not disclose a reasonable cause of action against him.

That the 2nd plaintiff should bear the costs of the application and this suit.”

Which application was based on the following grounds:-

a) That the plaint does not disclose a reasonable cause of action against the defendant in so far as the 2nd plaintiff/defendant is concerned.

(b) That the 2nd plaintiff has not been wronged by the alleged actions of the defendant and can therefore not bring a suit against the defendant, nor is it disclosed in the pleadings.

The application was in relation to a plaint…

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