REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL DIVISION CIVIL SUIT NO. 427/2011 DANIEL LAGO OKOMO ..................................................PLAINTIFF VERSUS SAFARI PARK HOTEL LTD......................................1ST DEFENDANT ATTORNEY GENERAL.............................................2ND DEFENDANT RULING The plaintiff/applicant has filed an application for summary judgment dated the 4/6/13. The application was opposed by the respondent. The plaintiffs claim for summary judgment is for a sum of Kshs. 803,508/-. I have with due respect to the applicant tried to understand his claim in the application and I find that what he seek is not clear at all. Summary judgment is given only in the clearest of cases. The plaintiff plaint has details of various claims. As pointed out by the respondents there are 2 figures stated by the plaintiff one of Kshs.803508/- and another of 10221500/-. This matter as I stated is not a clear case of summary judgment on the 2 nd defendant’s grounds they can move the court with an appropriate application to seek what they state at ground No. 3. All in all I find no merit in the plaintiff /applicant application. The plaintiff should fix his case for hearing. The application is therefore dismissed with no orders as to costs. I also advise the plaintiff that he should seek help from a lawyer or legal body like Kituo Cha Sheria to keep him particularise his claim clearly to enable the court that will hear his case know what his actual claim is. Application is dismissed. Dated, signed and delivered this 7th Day of November 2013. R. E OUGO JUDGE In the presence of:` …………………………………………………….…………………Plaintiff ………………………………………………………………………1st defendant ……………………………………………………………..………2nd defendant ………………………………………………………………………Court Clerk
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.