Lindon Nicholas Otieno v Dale Bolton & Schola Munyao t/a Munyao Kayugira & Co Advocates
The bottom line
#Courts are highly reluctant to dismiss lawsuits early, even if a defendant is an agent, requiring the case to proceed to trial.
What this practically means
#Executive summary
#Key legal issues
#Whether a suit against an advocate who published a letter on behalf of a disclosed client discloses no reasonable cause of action
The suit was not struck out; whether the words were defamatory and whether liability attaches to the 2nd Defendant is a matter for trial
The court perused the Plaint and found the Plaintiff complained of words published by the 2nd Defendant, analogising to suing an author together with the newspaper that publishes the article. Whether the facts suffice to prove the case against the 2nd Defendant was a matter of evidence for trial, not for determination on a striking-out application.
The standard for striking out pleadings under Order 2 Rule 15(1)(a)
Striking out must be exercised sparingly, cautiously and only in plain and obvious cases; a party should not be deprived of a full trial unless the matter is plain and obvious
Relying on D.T. Dobie v Muchina, Geminia Insurance, Elijah Sikona and Wedlock v Moloney, the court held that summary jurisdiction was never intended to involve minute examination of documents or facts, and courts must be cautious to deny parties the opportunity to ventilate their cases.
Legal principles established
#- Striking out pleadings before full trial is a draconian step to be used sparingly and only in the clearest of cases
- No evidence is admissible on an application under Order 2 Rule 15(1)(a); the court considers only the pleading itself
Court orders
#- 1.The 2nd Defendant's Notice of Motion dated 7th June 2019 and filed on 11th June 2019 is dismissed
- 2.Costs of the application to be in the cause
- 3.Plaintiff directed to take a date for Pre-Trial Directions at the Registry within sixty (60) days from the date of the Ruling, failing which the 2nd Defendant may take action to safeguard her interests
- Jurisdiction invoked
- Original civil jurisdiction of the High Court; application under Order 2 Rule 15(1) of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lindon Nicholas Otieno v Dale Bolton & Schola Munyao t/a Munyao Kayugira & Co Advocates", Case Analysis (2020). Civil Suit No 92 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/kehc/2020/9695/eng@2020-05-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.