R N M v W M K [2014] KEHC 6327 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL SUIT NO. 6 OF 2007

R N M………………….….PLAINTIFF

VERSUS

W M K………………...DEFENDANT

RULING

I note that the suit herein was commenced by way of an Originating Summons dated 6th February 2007.

The said Originating summons was ordered amended on 3rd May 2012.  There is a draft amended Originating Summons dated 3rd May 2011 on record.  The same was deemed in the order of 3rd May 2011 as duly filed.

The said amended Originating Summons dated 3rd May 2011 is not signed by the advocates for the plaintiff.

It is a cardinal principle of civil procedure that pleadings must be duly executed by the party filing them or by the advocates acting for them.  Unexecuted pleadings are incompetent and a suit founded on such pleadings is equally incompetent.  The failure to execute pleadings cannot be wished away under Article 159 of the Constitution.  Execution of pleadings goes to the core of the suit.

In view of the foregoing, I am unable to prepare judgment based on unexecuted pleadings.  To do justice to the parties, I hereby direct that this file be returned to the registry.  Thereafter the plaintiff shall regularize the amended Originating Summons dated 3rd May 2011 by signing it.  The matter shall thereafter be mentioned before me for directions on a date to be fixed at the registry.

DATED, SIGNED and DELIVERED at NAIROBI this 14th DAY OF March, 2014.

W. M. MUSYOKA

JUDGE