KANIKI KARISA KANIKI v COMMERCIAL BANK OF AFRICA, GIRO COMMERCIAL BANK LTD & MIATHENE-MALINDI ENTERPRISES LTD [2009] KEHC 1669 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

COMMERCIAL CIVIL SUIT 177  OF 2006

KANIKI KARISA KANIKI ……………………................………………. PLAINTIFF

VERSUS

COMMERCIAL BANK OF AFRICA …………….…………….. 1ST DEFENDANT

GIRO COMMERCIAL BANK LTD ……….…………………… 2ND DEFENDANT

MIATHENE-MALINDI ENTERPRISES LTD ……...………… 3RD DEFENDANT

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RULING

By this  application brought by way of Chamber Summons and dated 10th June 2008 the 3rd Defendant/Applicant seeks the following orders:-

“(1)   That the suit against the 3rd defendant be struck of  as disclosing no reasonable cause of action.

(2)   That costs of the application be provided for”

By consent both Mr. Anyanzwa for the Plaintiff and Mr. Kaburu for the 3rd Defendant/Applicant opted to proceed by way of written submissions.  I have carefully considered the written submissions of both advocates as well as the authorities annexed thereto.  I am convinced that the Plaintiffs suit raises weighty issues which cannot be disposed of at this interlocutory stage.  It is my considered opinion that the issues raised can only rightfully be canvassed at a full hearing of the suit.  It is only then that the issues raised by the 3rd Defendant in this Chamber Summons may be conclusively determined.  As such I dismiss this current application in its entirety and decline to grant the orders sought.  Costs in the cause.

Dated and delivered at Mombasa this 16th day of July 2009.

M. ODERO

JUDGE

Read in the presence of:

Mr. Anyanzwa for Plaintiff/Respondent

No appearance by Defendant/Applicant