Customer Support

SIMON KITAVO NDUTO & ANOR.
V.
BENSON OWENGA ANJERE

(1997) JELR 93591 (CA)

Court of Appeal 31 Jul 1997 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 170 of 1995
Judges:Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire
Location:Nairobi
Other Citations:Simon Kitavo Nduto & another v. Benson Owenga Anjere [1997] eKLR

JUDGMENT OF THE COURT

This is an appeal against the ruling of the superior court (Khamoni, J.) whereby the superior court dismissed the appellant’s preliminary objection which objection was directed to the manner in which the respondent had deponed to facts in an affidavit in support of his application for amendments to the plaint. The application for such amendments was filed some eleven years after the respondent had, on the 15th day of January, 1982, executed a discharge voucher accepting Shs.800,000/= in settlement of claims arising out of an accident which occurred on 8th day of August, 1979.

The appellant objected to the following paragraphs in the said affidavit.

"3. That in the interests of justice, it is necessary to update the plaint with all the information and material facts related to this suit which my lawyers erroneously failed to consider or which are necessitated with the delay.

4. That I have been advised by one lawyer in town which I believe that all monetary claims mus…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.