SATURNINO CARCELLAR MACHANCOSES v HORATIUS DA GAMA ROSE & another [2009] KEHC 828 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT

AT NAIROBI

MILIMANI LAW COURTS

Civil Suit 649 of 2007

SATURNINO CARCELLAR MACHANCOSES....................PLAINTIFF/APPLICANT

VERSUS

HORATIUS DA GAMA ROSE.................................. 1ST DEFENDANT/RESPONDENT

FERNANDA DA GAMA ROSE............................... 2ND DEFENDANT/RESPONDENT

RULING

Having carefully considered what was brought before me during the hearing of this chamber summons dated 12th June 2008, the same be and is hereby granted as I do entirely agree with the learned counsel for the plaintiff/Applicant when he states, supporting the chamber summons, that the defence filed by the defendants in this suit sis scandalous, frivolous and vexatious; it is otherwise an abuse of the court process and it will delay the fair trial of this suit.  A defence which despite available evidence of the fact of the accident, denies the fact of the occurrence of that accident, must be a sham defence.

Accordingly, the defendant’s defence in this suit is hereby struck out and the suit to proceed formal proof.

The Defendants/respondents to pay costs of this Chamber Summons.

Delivered this 3rd day of July 2009.

J.M. KHAMONI

JUDGE