[2024] KEHC 7243 (KLR)
The court found that the Defendant failed to comply with clear directions to file a response to the Plaintiff's application. The Defendant also failed to communicate any intention to pursue an out of court settlement. While the court is mandated to encourage alternative dispute resolution, it cannot aid a party that...
Source-derived case information.
- Citation
- [2024] KEHC 7243 (KLR)
- Parties
- Plaintiff: Bharat Vinod Bhuta t/a Usha Merchandise; Defendant: Muhoroni Sugar Company Ltd (In Receivership)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E008 of 2023
- Procedural Posture
- Commercial Case / Ruling on Notice of Motion for Striking Out Defence and Entry of Judgment
- Outcome
- Plaintiff's application allowed; defence struck out; judgment entered for Plaintiff.
- Judges
- MS Shariff
- Legal Topics
- Striking Out of Defence, Entry of Judgment, Default Judgment, Alternative Dispute Resolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bharat Vinod Bhuta t/a Usha Merchandise
Plaintiff
Muhoroni Sugar Company Ltd (In Receivership)
Defendant
Procedural Posture
Commercial Case / Ruling on Notice of Motion for Striking Out Defence and Entry of Judgment
Legal Issues
- 1 Whether the Defendant's failure to file a response as directed warrants striking out of the defence.
- 2 Whether judgment should be entered for the Plaintiff for the claimed sum.
- 3 Whether the court should promote alternative dispute resolution in the circumstances.
Ratio Decidendi
The court found that the Defendant failed to comply with clear directions to file a response to the Plaintiff's application. The Defendant also failed to communicate any intention to pursue an out of court settlement. While the court is mandated to encourage alternative dispute resolution, it cannot aid a party that is indolent and disregards court orders. Consequently, the Defendant's statement of defence was struck out and judgment entered for the Plaintiff for the claimed sum, with costs and interest at commercial rates from the date of filing until payment in full.
Court Disposition
Plaintiff's application allowed; defence struck out; judgment entered for Plaintiff.
Orders
- The Defendant’s statement of defence dated 3rd November, 2023 is struck out.
- Judgment is entered for the Plaintiff as against the Defendant for Kshs.27,655,704 plus costs and interest at commercial rates from the date of filing of this suit until payment in full.
Full Case Text
Judgment text and source record
20 paragraphs
Bharat Vinod Bhuta t/a Usha Merchandise v Muhoroni Sugar Company Ltd (In Receivership) (Commercial Case E008 of 2023) [2024] KEHC 7243 (KLR) (30 April 2024) (Ruling)
Neutral citation: [2024] KEHC 7243 (KLR)
Republic of Kenya
In the High Court at Kisumu
Commercial Case E008 of 2023
MS Shariff, J
April 30, 2024
Between
Bharat Vinod Bhuta t/a Usha Merchandise
Plaintiff
and
Muhoroni Sugar Company Ltd (In Receivership)
Defendant
Ruling
1. I have considered date Plaintiff’s Notice of Motion dated 14th March, 2024 and the affidavit in support thereof sworn by Bharat Vinod Bhuta on even date and I have also noted that whereas I had given clear directions on the filing of a response by the Defendant on 4th April 2024, there is no compliance on the part of the Defendant.
2. I have also considered the oral submissions of parties advocates and I do agree with the Plaintiff’s Counsel that any meaningful endeavor to pursue out of court settlement ought to have been communicated in good time to the Plaintiff.
3. Whereas this court is enjoined under article 159 (2) (c) to promote and encourage alternative modes of dispute resolution, it cannot come to the aid of an indolent party.
4. In light of the above I do hereby allow the application and I proceed to make the following orders:-
i)The Defendant’s statement of defence dated 3rd November, 2023 is hereby struck out and judgment is hereby entered for the Plaintiff as against the Defendant for a sum of Kshs.27,655,704 plus costs and interest at commercial rates from the date of filing of this suit until payment in full.
Delivered, dated and signed at Kisumu this 30th day of April, 2024. MWANAISHA. S. SHARIFFJUDGE2 | Page