Samwel Ndura Kanyara v Mary Njambi Kariuki & another [2013] KEELC 144 (KLR)
The bottom line
#Kenya's High Court struck out a land claim because the plaint was too unclear to understand, reminding litigants that a pleading must state who did what wrong and what remedy is sought.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaint disclosed a reasonable cause of action under Order 2 Rule 15(1)(a)
The plaint disclosed no cause of action against either defendant and was struck out
The court applied the DT Dobie test, holding that a court must exercise utmost caution before striking out a suit but that here the plaint was unintelligible: it was impossible to discern what wrong was pleaded, by whom it was committed, or what remedy was sought, and the confusion could not be cured by amendment. It would be unfair to commit any defendant to defend such a muddled pleading.
Whether an affidavit is required in support of a striking-out application
No affidavit is necessary where the application is founded on Order 2 Rule 15(1)(a)
Order 2 Rule 15(2) provides that no evidence shall be admissible on an application under subrule (1)(a); the application need only state concisely the grounds. Hence the absence of a supporting affidavit was perfectly in order.
Legal principles established
#- A suit should not be summarily struck out unless it is hopeless and incurable by amendment; a mere semblance of cause of action capable of being cured by amendment should be allowed to proceed.
- A reasonable cause of action requires a pleaded wrong, an identifiable wrongdoer and a remedy connected to both.
Court orders
#- 1.The suit is struck out as against both defendants
- 2.Costs of the suit to the defendants
- Jurisdiction invoked
- Order 2 Rule 15 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samwel Ndura Kanyara v Mary Njambi Kariuki & another [2013] KEELC 144 (KLR)", Case Analysis (2013). Not stated (suit by plaint, High Court at Eldoret). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2013/144/eng@2013-09-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.