PANDYA MEMORIAL SOCIETY

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT MALINDI

Civil Suit 189 of 2006 ABDULHALIM MOHAMED SHALLO.................1^ST PLAINTIFF/APPLICANT SHEIKH ABDULKADIR MOHAMED SHALLO.....2^ND PLAINTIFF/APPLICANT -VERSUS- PANDYA MEMORIAL SOCIETY [trading as Pandya Memorial Hospital]..........DEFENDANT/RESPONDENT RULING

The 1^st applicant’s Chamber Summons dated 12^th May, 2008 and filed on 14^th May, 2008 was brought under Orders 6 (rules 13(1)(b),(c) (d)),16, 6A (rules 7,8) of the Civil Procedure Rules, and s.3A of the Civil Procedure Act (Cap. 21, Laws of Kenya).

The applicants’ prayers were: (i) that the amended defence and counterclaim filed on 29^th April, 2008 be struck out, and that judgment be entered against the defendant as prayed in the plaint. The grounds supporting the application were: (i) that the amended defence and counterclaim is scandalous, frivolous and vexatious; (ii) that the amended defence and counterclaim may prejudice, embarrass or delay the fair trial of the cause;

(iii) that t…