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…matter raising valid triable issues which may only be resolved by a complete and full hearing of this case which in the circumstance, cannot be said to be frivolous, vexatious and an abuse of the court process to warrant its summary…

…dismissal. 5.…

…Consequently the following principles have evolved; i. a court of justice should aim at sustaining a suit rather than terminating it by summary dismissal. See D.T. Dobie case (supra) ii.…

…To justify summary dismissal it must be shown that the employee was guilty of conduct which was incompatible with the due or faithful discharge of his duty to his employer. The conduct need not be dishonest.…

…The plaintiff’s claim relates to alleged wrongful summary dismissal from his employment by the defendants.…

…If the court allowed the Plaintiff’s application it would amount to a summary dismissal of the counter claim which would be a legal absurdity.…

…A court of justice should aim at sustaining a suit rather than terminating it by summary dismissal.  Normally a law suit is for pursuing it. …

…A court of justice should aim at sustaining a suit rather than terminating it by summary dismissal. Normally a law suit is for pursuing it.…

…This was further followed by suspension and finally summary dismissal. …

…It will result in the summary dismissal of the suit on the point of law raised; It is defined in Mucosa Biscuits Manufacturing Ltd vs West End Distributors (1969) EA 696 thus: “… a preliminary objection consists of a point…

…Joseph Mbaria Muchina & Another [1982] KLR 1 Madan JA. stated that: “A court of justice should aim at sustaining a suit rather than terminating it by summary dismissal. Normally a law suit is for pursuing it.…

…This was further followed by suspension and finally summary dismissal. …

…(Kenya) Limited v Muchina & another (Civil Appeal 37 of 1978) (1980) KECA 3 (KLR) where the Court of Appeal held that the summary dismissal or striking out of a suit is a drastic measure and that courts should strive to sustain…

…Dobie (supra) to courts to eschew the summary dismissal of suits.…

…The question of not summary dismissal was addressed in the case of D.T.…

…But from this to the summary dismissal of actions because the judge in chambers does not think that they will be successful in the end lies a wide region, and the courts have properly considered this power of arresting an…

…A court of justice should aim at sustaining a suit rather than terminating it by summary dismissal. Normally a law suit is for pursuing it.…