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Said Hamad Shamisi v. Diamond Trust of Kenya Ltd

(2010) JELR 94560 (CA)

Court of Appeal  •  Civil Appeal 109 of 2005  •  5 Mar 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

This is an appeal against a ruling and order of the superior court, Mwera, J., in High Court Civil Case Number 21 of 1998. The ruling stemmed from two chamber applications, the first dated 1st October, 2004 brought under Order 6 rule 12(1)(b), Order 16 and section 5 of the Civil Procedure Act and the second application dated 16th December 2004 brought under Order 6 rule 13(b)(c) and (d) and section 3A. The first application was brought by Diamond Trust of Kenya Limited, the respondent herein, and sought orders to strike out the plaint and to have the suit dismissed with costs as against respondent while in the second application the appellant sought orders to have the respondent’s defence struck out.

The respondent’s application was based on the ground that there was no privity of contract between the appellant and the respondent which at the material time was a finance company carrying on inter alia a hire purchase business involving motor vehicles. The respondent…

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