[2011] KEHC 1796 (KLR)
The court found that the application for summary judgment did not meet the threshold for granting such orders, as the case was not clear-cut and there appeared to be issues that required further consideration. However, the court noted that judgment on admission, as sought in the alternative, might be appropriate in...
Source-derived case information.
- Citation
- [2011] KEHC 1796 (KLR)
- Parties
- Plaintiff: African Banking Corporation KTD; Defendant: Jatco Tours & Taxis Co. Limited; Defendant: Daniel Mutua Muoki; Defendant: Dancan Mwangi Njirani
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 481 of 2009
- Procedural Posture
- Civil Suit / Ruling on Summary Judgment Application
- Outcome
- Application for summary judgment and striking out of defence declined; matter stayed pending substantive ruling.
- Judges
- CN Mugo
- Legal Topics
- Summary Judgment, Striking Out Pleadings, Judgment on Admission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
African Banking Corporation KTD
Plaintiff
Jatco Tours & Taxis Co. Limited
Defendant
Daniel Mutua Muoki
Defendant
Dancan Mwangi Njirani
Defendant
Procedural Posture
Civil Suit / Ruling on Summary Judgment Application
Legal Issues
- 1 Whether the defendants' statement of defence should be struck out with costs.
- 2 Whether summary judgment should be entered for the plaintiff as prayed in the plaint.
- 3 Whether judgment on admission should be entered for the plaintiff in the sum of Kshs. 4,039,646.
Ratio Decidendi
The court found that the application for summary judgment did not meet the threshold for granting such orders, as the case was not clear-cut and there appeared to be issues that required further consideration. However, the court noted that judgment on admission, as sought in the alternative, might be appropriate in respect of the admitted sum. The court declined to allow the application for summary judgment or striking out of the defence at this stage and stayed the matter pending a substantive ruling to be delivered later.
Court Disposition
Application for summary judgment and striking out of defence declined; matter stayed pending substantive ruling.
Orders
- The application for summary judgment and striking out of the defence is not allowed at this stage.
- The matter is stayed pending the delivery of a substantive ruling.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
COMMERCIAL & TAX DIVISION
CIVIL SUIT NO. 481 OF 2009
AFRICAN BANKING CORPORATION KTD……..............................……....PLAINTIFF
VERSUS
JATCO TOURS & TAXIS CO. LIMITED…….....................................…1ST DEFENDANT
DANIEL MUTUA MUOKI…………………….....................................….2ND DEFENDANT
DANCAN MWANGI NJIRANI…….……...….....................................…..3RD DEFENDANT
RULING
I have considered the summary application brought under the Notice of Motion dated 25th July 2010, seeking the following Orders:-
1. That the Statement of Defence filed by Defendants herein be struck out with costs.
2. That judgment be entered for the Plaintiff herein as prayed in the Plaint
3. That in the alternative to the above prayers, judgment on admission be entered for the Plaintiff in the sum of Kshs. 4,039,646
4. That the Defendants do pay the costs of this application in any event.
After perusing the application, the affidavits filed for and against the same and considering the pleadings and written submissions filed by the opposing sides, in light of the law, I have formed the opinion that this is not a clear case where summary judgment can issue except perhaps as regards the judgment on admission sought in prayer 3. For reasons to appear in a substantive ruling to be delivered on notice, during the forthcoming vacation, I am not inclined to allow the application. In the circumstances the matter is stayed pending the substantive Ruling.
DATED, SIGNED AND DELIVERED at NAIROBI THIS 29THDAY OF JULY, 2011
M. G. MUGO
JUDGE
In the presence of:
Miss OdongoFor the Applicant
Mr. MutuliFor the Respondent