RULING
I have before me an application for an order striking out the plaintiff’s suit. The application has been brought under the provisions of Order VI Rules 13 (1) (b), (d) and 16 of the Civil Procedure Rules on the grounds that the suit is scandalous, frivolous, vexatious and an abuse of the process of the court and further that it has been filed way out of the period of limitation.
In the amended plaint sought to be struck out, the plaintiff claims special and general damages arising from an alleged breach of a service contract. The plaint was amended on 29th August 2009 and describes the defendant as an advocate of the High court of Kenya. It is averred, in paragraph 3, that by 1996, there existed between the plaintiff and the defendant a professional legal service contract. It is further averred, in paragraph 4, that implied in the said service contract were terms that the plaintiff would instruct the defendant on various legal matters and the defendant was to act on those matte…