Saturnino Carcellar Machancoses v Horatius Da Gama Rose & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS Civil Suit 649 of 2007 SATURNINO CARCELLAR MACHANCOSES....................PLAINTIFF/APPLICANT VERSUS HORATIUS DA GAMA ROSE.................................. 1ST DEFENDANT/RESPONDENT FERNANDA DA GAMA ROSE............................... 2ND DEFENDANT/RESPONDENT RULING Having carefully considered what was brought before me during the hearing of this chamber summons dated 12th June 2008, the same be and is hereby granted as I do entirely agree with the learned counsel for the plaintiff/Applicant when he states, supporting the chamber summons, that the defence filed by the defendants in this suit sis scandalous, frivolous and vexatious; it is otherwise an abuse of the court process and it will delay the fair trial of this suit. A defence which despite available evidence of the fact of the accident, denies the fact of the occurrence of that accident, must be a sham defence. Accordingly, the defendant’s defence in this suit is hereby struck out and the suit to proceed formal proof. The Defendants/respondents to pay costs of this Chamber Summons. Delivered this 3rd day of July 2009. J.M. KHAMONI JUDGE