John Alexander & others v Livingstone Shikuku & others [2020] eKLR Case Summary

Court
Co-operative Tribunal at Nairobi
Category
Civil
Judge(s)
Hon. B. Kimemia (Chairman), Hon. F. Terer (Deputy Chairman), P. Gichuki (Member)
Judgment Date
April 09, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the John Alexander & others v Livingstone Shikuku & others [2020] eKLR case summary, highlighting key legal findings and implications in this significant judgment.


Case Brief: John Alexander & others v Livingstone Shikuku & others [2020] eKLR

1. Case Information:
- Name of the Case: John Alexander & Others v. Livingstone Shikuku & Others
- Case Number: Tribunal Case No. 244 of 2019
- Court: Co-operative Tribunal at Nairobi
- Date Delivered: 9th April 2020
- Category of Law: Civil
- Judge(s): Hon. B. Kimemia (Chairman), Hon. F. Terer (Deputy Chairman), P. Gichuki (Member)
- Country: Kenya

2. Questions Presented:
The central legal questions presented before the court were:
(a) Whether the statement of claim dated 14th February 2019 should be struck out for being incurably defective.
(b) Who should bear the costs of the suit.

3. Facts of the Case:
The Claimants, led by John Alexander, filed a statement of claim against the Respondents, including Livingstone Shikuku. The 5th Respondent filed an application on 26th June 2019, seeking to have the statement of claim struck out, arguing that it was defective. The Claimants opposed this application, asserting that the 5th Respondent had not entered an appearance or filed a defense, thus lacking standing in the matter. They also contended that any typographical errors in the verifying affidavit were minor and could be amended, and that the Tribunal should not be overly concerned with procedural technicalities.

4. Procedural History:
The case progressed through the Co-operative Tribunal, where the 5th Respondent filed an application to strike out the claim. The Claimants responded with a replying affidavit and filed written submissions. The Tribunal considered the arguments presented by both parties and the relevant rules governing the proceedings.

5. Analysis:
- Rules: The Tribunal referenced Order 2 Rule 15 of the Civil Procedure Rules, which allows for the striking out of pleadings under certain conditions, including those that disclose no reasonable cause of action or are deemed frivolous or vexatious. Additionally, Rule 4 of the Co-operative Tribunal (Practice and Procedure) Rules emphasizes the Tribunal's discretion to disregard technicalities in favor of expeditious justice.
- Case Law: The Tribunal cited the case of *County Council of Nandi v. Ezekiel Kibet Rutto & 6 Others (2013) eKLR*, which defined frivolous and vexatious pleadings, establishing a precedent for evaluating the merit of the 5th Respondent's application.
- Application: The Tribunal found that the 5th Respondent's objections were technical and did not affect the substance of the claim. The Claimants had acknowledged the typographical errors and had subsequently amended their claim, which was allowed as pleadings had not yet closed at the time of the application. The Tribunal ruled that the amendments cured any defects in the original claim.

6. Conclusion:
The Tribunal dismissed the 5th Respondent’s application to strike out the claim, finding it lacked merit. The ruling emphasized the importance of allowing amendments to pleadings and the necessity of focusing on substantive justice over procedural technicalities. The Claimants were awarded costs.

7. Dissent:
There were no dissenting opinions noted in the case ruling.

8. Summary:
The Co-operative Tribunal ruled in favor of the Claimants, dismissing the 5th Respondent’s application to strike out their claim. The decision underscored the Tribunal's commitment to ensuring justice is served without undue regard to procedural technicalities, allowing for amendments to claims to correct minor errors. This case highlights the importance of procedural flexibility in civil litigation and the Tribunal's role in promoting fair access to justice.

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