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PANDYA MEMORIAL SOCIETY

(2010) JELR 96556 (CA)

Court of Appeal  •  Civil Suit 189 of 2006  •  14 May 2010  •  Kenya

Coram
Jackton Boma Ojwang

Judgement


REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT MALINDI

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

The 1st applicant’s Chamber Summons dated 12th May, 2008 and filed on 14th 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 29th 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…

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