ABDULHALIM MOHAMED SHALLO & SHEIKH ABDULKADIR MOHAMED SHALLO V. PANDYA MEMORIAL SOCIETY T/A PANDYA MEMORIAL HOSPITAL

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 the allegations in the amended defence and counterclaim are clearly false, and the amended defence and counterclaim is otherwise an abuse of the process of the Court;

(iv) that the mode of amendment is irregular and improper, and the amended defence and counterclaim is therefore fatally defective; (v)…