[2009] KEHC 1128 (KLR)
The court found that the defendant was duly served with the application and the order to supply particulars but failed to comply or respond. The absence of a replying affidavit or any explanation for non-compliance justified the striking out of the defence. The court further held that the continued failure to pay...
Source-derived case information.
- Citation
- [2009] KEHC 1128 (KLR)
- Parties
- Plaintiff: Amrik Singh Kalsi (suing as the administrator of the estate of Ram Singh Kalsi, deceased); Defendant: Bhupinder Singh Kalsi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 47 of 2007
- Procedural Posture
- Civil Case / Ruling on Chamber Summons to Strike Out Defence and Enter Judgment
- Outcome
- Application granted. Defence struck out. Judgment entered for the plaintiff as prayed in prayers 1, 2, and 3 of the application.
- Judges
- FI Koome
- Legal Topics
- Striking Out of Defence, Failure to Supply Particulars, Non Payment of Rent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amrik Singh Kalsi (suing as the administrator of the estate of Ram Singh Kalsi, deceased)
Plaintiff
Bhupinder Singh Kalsi
Defendant
Procedural Posture
Civil Case / Ruling on Chamber Summons to Strike Out Defence and Enter Judgment
Legal Issues
- 1 Whether the defendant's defence should be struck out for failure to supply particulars as ordered by the court.
- 2 Whether judgment should be entered against the defendant for non-payment of rent.
Ratio Decidendi
The court found that the defendant was duly served with the application and the order to supply particulars but failed to comply or respond. The absence of a replying affidavit or any explanation for non-compliance justified the striking out of the defence. The court further held that the continued failure to pay rent and comply with court orders warranted judgment in favour of the plaintiff as prayed in the application.
Court Disposition
Application granted. Defence struck out. Judgment entered for the plaintiff as prayed in prayers 1, 2, and 3 of the application.
Orders
- The defence dated 20th April 2007 is struck out.
- Judgment is entered against the defendant as prayed in the plaint.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Case 47 of 2007
AMRIK SINGH KALSI Suing as the administrator of the estate of
Ram Singh Kalsi (deceased) on behalf of The Estate................................................................ PLAINTIFF
VERSUS
BHUPINDER SINGH KALSI .......................................................................... DEFENDANT/RESPONDENT
RULING
The Chamber summons dated 2nd September 2009 seeks for the defence herein dated 20th April 2007 be struck out and judgment be entered against the defendant as prayed in the plaint. The application was duly served upon the defendant as per the affidavit of service but no replying affidavit has been filed.
The application is supported by the grounds on the body thereto as well as the supporting affidavit. The plaintiff requested for particulars from the defendant on 8July 2007, but the defendant failed to supply the particulars. The plaintiff filed an application and the defendant was ordered to supply the particulars within 21 days which he failed to honour.
Consequently, the plaintiff now applies for the defence be struck out for failure by the defendant to supply the particulars as ordered and for failing to pay rent over the plaintiffs premises which continues to escalate. There is no replying affidavit. Accordingly I hereby grant the application as prayed in prayer Nos.1,2 and 3.
RULING READ AND SIGNED ON 7TH OCTOBER 2009 AT NAIROBI.
M.K. KOOME
JUDGE