BY COURT: R U L I N G
1. On 21/02/2018, Plaintiff took a writ of summons from the Registry this Court. The writ was accompanied by a statement of claim, which was subsequently amended and a reply as well, as shown by records of this Court.
The Defendant has filed a Notice of Appearance and defence in which a counter-claim has been indorsed.
Subsequently, this Court heard a motion on notice, filed on 07/11/2018 for an order dismissing Plaintiff’s suit for failure to provide/indorse, residential and occupational addresses, as required by the rules of Court. The application was opposed.
And on 27/11/2018, this Court, delivered its Ruling. This Court held that the failure to indorse residential and occupational addresses as provided for by ORDER 2 RULE 3(2) of the High Court Civil Procedure Rules, 2004, is an irregularity that is fundamental, and affects the jurisdiction of this Court.
Thereafter, a motion to set aside the said Ruling was also dismissed.
In effect, Plainti…