REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL CASE 172 OF 2002
1. JEREMIAH KIMIGHO MWAKIO
2. PATRICK MULISHO
3. MOHAMED GODHANA
4. AMOS AMITAI …………………....................…………………………….. PLAINTIFFS
- V E R S U S –
TANA AND ATHI RIVERS DEVELOPMENTS AUTHORITY ……............… DEFENDANT
R U L I N G
By Chamber Summons brought under Section 3A & Order. VI rule 13 1(d) of Civil Procedure Act and Rules the applicant seeks orders to strike out the defense dated 20th May, 2002 with costs and judgment be entered for the plaintiffs as prayed in the plaint. The grounds set out on the application and supported by affidavit. What is shown is that the plaintiff served a request of particulars of the defence on 8.10.2002. The same were not supplied and on 7.2.03 the plaintiffs filed an application to compel compliance which was heard on 7.5.2003 and orders issued giving the defendant 21 days to deliver the particulars which order was served on 14.5.03.
On 30.7.2003 the defendant applied to extend time to deliver answers to particulars and attached a list purporting to be answers. The proposed answers clearly show that the defendant has no defense to the plaintiffs suit. Though served the defendant did not appear at the hearing of this application. I notice some grounds of opposition are filed challenging the validity of the suit and the supporting affidavit herein. However it is clear that the defendant does not believe in his grounds. He should have been the first to come to court to bring the suit to an early end. As it is he has employed delaying tactics as if the suit will disappear without any action on his part. I am convinced that the defence filed herein has no merit and it should be dismissed. I, therefore, allow application and grant orders prayed in the application and in the plaint. Costs to the plaintiff /applicant for this application and in the plaint.
Dated this 19th day of November, 2004.
J. KHAMINWA
JUDGE
19.11.04
Kilonzo holding brief for Kamundi.
Non appearance.
Ruling read in open court.