Karisa Kahindi Karisa & Family And 6 others v Mwalimu Hamisi Mwahadzi & 2 others [2020] KEELC 1853 (KLR)
The bottom line
#A Kenyan land eviction suit survived a strike-out attempt and will proceed to trial, but it was struck out against two defendants wrongly joined.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaint disclosed a reasonable cause of action
The Plaint was not entirely without substance; triable issues existed as against the 1st Defendant
The court applied the D.T. Dobie principle that a suit showing a mere semblance of a cause of action should proceed to trial. Although the Plaint, drafted in person, lacked precision and legal clarity, it was not groundless. The alleged adverse possession claim against the 1st Defendant raised triable issues that could not be resolved summarily.
Whether the Plaintiffs had capacity to sue in a representative capacity
Lack of authority was noted but was not a ground to strike out the suit
The court found no evidence that the 1st Plaintiff had authority from the six other Plaintiffs to sue on their behalf, noting the pleadings were drafted in the singular. However, it held this omission was not sufficient to strike out the suit, particularly since the pleadings and prayers consistently referred to the 1st Defendant.
Whether a cause of action existed against the 2nd and 3rd Defendants
None was disclosed; the suit against them was struck out
A perusal of the Plaint revealed no claim whatsoever against Popo Abdallah and Swak Mbwana. The court agreed with the Defendants that there was no cause of action against them and no reason for their joinder, warranting striking out the suit against them with costs.
Legal principles established
#- A suit should not be summarily dismissed unless it is plainly and obviously hopeless and incurable by amendment; a mere semblance of a cause of action should be allowed to go to trial
- On an application under Order 2 Rule 15(1)(a), no evidence is admissible; the defect must appear from the pleadings alone
Court orders
#- 1.Suit struck out with costs as against the 2nd and 3rd Defendants
- 2.Suit to proceed as against the 1st Plaintiff and the 1st Defendant
- Jurisdiction invoked
- Order 2 Rule 15(1) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Karisa Kahindi Karisa & Family And 6 others v Mwalimu Hamisi Mwahadzi & 2 others [2020] KEELC 1853 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1853/eng@2020-06-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.