Kaniki Karisa Kaniki v Commercial Bank of Africa & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA COMMERCIAL CIVIL SUIT 177 OF 2006 KANIKI KARISA KANIKI ……………………................………………. PLAINTIFF VERSUS COMMERCIAL BANK OF AFRICA …………….…………….. 1ST DEFENDANT GIRO COMMERCIAL BANK LTD ……….…………………… 2ND DEFENDANT MIATHENE-MALINDI ENTERPRISES LTD ……...………… 3RD DEFENDANT ********************* RULING By this application brought by way of Chamber Summons and dated 10th June 2008 the 3rd Defendant/Applicant seeks the following orders:“(1) That the suit against the 3rd defendant be struck of as disclosing no reasonable cause of action. (2) That costs of the application be provided for” By consent both Mr. Anyanzwa for the Plaintiff and Mr. Kaburu for the 3rd Defendant/Applicant opted to proceed by way of written submissions. I have carefully considered the written submissions of both advocates as well as the authorities annexed thereto. I am convinced that the Plaintiffs suit raises weighty issues which cannot be disposed of at this interlocutory stage. It is my considered opinion that the issues raised can only rightfully be canvassed at a full hearing of the suit. It is only then that the issues raised by the 3rd Defendant in this Chamber Summons may be conclusively determined. As such I dismiss this current application in its entirety and decline to grant the orders sought. Costs in the cause. Dated and delivered at Mombasa this 16th day of July 2009. M. ODERO JUDGE Read in the presence of: Mr. Anyanzwa for Plaintiff/Respondent No appearance by Defendant/Applicant