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…Chacha for the Plaintiff argues that the objection ought to be rejected as the 2nd Defendant ought o have made a formal application since if the preliminary objection were to be upheld it would have the effect of striking…

…out the plaint.…

…Well since by the interlocutory judgment following the striking out of the defence and counter claim, the matter of liability is no longer in issue, as thereby the defendant was found to have wrongfully denied possession…

…The question posed by the instant application is whether the originating summons is so weak, so hopeless that it is only for striking out, or whether it raises issued that ought to go to trial In answering these questions…

…Well since by the interlocutory judgment following the striking out of the defence and counter claim, the matter of liability is no longer in issue, as thereby the defendant was found to have wrongfully denied possession…

…Nairobi City Council Vs Cris Evanand & Others HCCC No 851/02 (unreported) J W Mwera Prayer for striking out a plaint whereby the name of the plaintiff was incorrectly used.…