Please Wait. Searching ...
|Case Number:||Civil Case 178 of 2008|
|Parties:||JASWINDER SIAN HULSMAN & another v MY SCHOOL (MONTESSORI) LIMITED & another|
|Date Delivered:||27 Nov 2009|
|Court:||High Court at Nairobi (Milimani Law Courts)|
|Judge(s):||John Micheal Khamoni|
|Citation:||JASWINDER SIAN HULSMAN & another v MY SCHOOL (MONTESSORI) LIMITED & another  eKLR|
[Ruling] - CIVIL PRACTICE AND PROCEDURE - pleadings – striking out of – application for – applicant sought to strike out the pleadings of the respondent on the grounds that they were scandalous and frivolous –abuse of court process- whether the pleadings raise important and weighty legal points -proof of – applicable principles – validity of order
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT
MILIMANI LAW COURTS
Civil Case 178 of 2008
DR JASWINDER SIAN HULSMAN…………………1ST PLAINTIFF/ RESPONDENT
DR. MICHAEL SCHMIDT HULSMAN……………2ND PLAINTIFF/ RESPONDENT
MY SCHOOL (MONTESSORI) LIMITED………….1ST DEFENDANT/APPLICANT BIJAL R. SHAH…………………………………………….2ND DEFENDANT/APPLICANT
Having carefully considered the Defendants/Applicants written submissions dated 11th November 2009 in support of their Application by Chamber Summons dated 24th June 2009; and the Plaintiffs/Respondents written submissions dated 24th November 2009 in opposition to aforesaid Chamber Summons the said Chamber Summons be and is hereby dismissed with costs to the Plaintiffs/Respondents for the following reasons:-
Firstly, I do not find the pleadings scandalous, frivolous or vexatious;
Secondly, I do not find the pleadings an abuse of the process of the court;
Thirdly, parties through their written submissions are introducing evidence contrary to Order VI Rule (2) of the Civil Procedure Rules;
Fourthly, the pleadings raise important and weighty legal points proper to be considered for a resolution during the trial in the main suit.
Dated this 27th day of November 2009.
J. M. KHAMONI