[2002] KEHC 628 (KLR)
The court found that the defence filed by the defendant was a sham, disclosed no triable issues, and was solely intended to prejudice, embarrass, and delay the course of justice. Consequently, the court exercised its discretion under the Civil Procedure Rules to strike out the defence and enter judgment in favour of...
Source-derived case information.
- Citation
- [2002] KEHC 628 (KLR)
- Parties
- Plaintiff: CO-OPERATIVE MERCHANT BANK LTD.; Defendant: COLIN OTIENO
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 782 of 2001
- Procedural Posture
- Civil Case / Ruling on Application to Strike Out Defence and Enter Judgment
- Outcome
- Application granted. Defence struck out. Judgment entered for plaintiff as prayed in the plaint. Defendant to bear costs.
- Judges
- T Mbaluto
- Legal Topics
- Striking Out of Defence, Summary Judgment, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
CO-OPERATIVE MERCHANT BANK LTD.
Plaintiff
COLIN OTIENO
Defendant
Procedural Posture
Civil Case / Ruling on Application to Strike Out Defence and Enter Judgment
Legal Issues
- 1 Whether the defence filed by the defendant discloses any triable issues.
- 2 Whether the defence should be struck out as a sham under the relevant Civil Procedure Rules.
- 3 Whether judgment should be entered for the plaintiff as prayed in the plaint.
Ratio Decidendi
The court found that the defence filed by the defendant was a sham, disclosed no triable issues, and was solely intended to prejudice, embarrass, and delay the course of justice. Consequently, the court exercised its discretion under the Civil Procedure Rules to strike out the defence and enter judgment in favour of the plaintiff as prayed in the plaint. The court further ordered that the defendant bear the costs of the application.
Court Disposition
Application granted. Defence struck out. Judgment entered for plaintiff as prayed in the plaint. Defendant to bear costs.
Orders
- The defence filed by the defendant is struck out.
- Judgment is entered in favour of the plaintiff 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
CIVIL CASE NO.782 OF 2001
CO-OPERATIVE MERCHANT BANK LTD. …………… PLAINTIFF
VERSUS
COLIN OTIENO ………………………………………… DEFENDANT
R U L I N G
The applicant has brought this application under O. 6 Rule 13 (1) and 16, O. IXA Rule 3 and 11 and O.XII Rule 6 to strike out the defence filed herein by the defendant and also to enter judgment in favour of the plaintiff against the defendant as prayed in the plaint. The application is supported by an affidavit sworn on 17. 4.2002 by Kennedy Kaunda Abuga and is based on the grounds appearing in the body of the application.
On the basis of the evidence contained in the supporting affidavit and also upon consideration of submissions by learned counsel for the applicant, I am satisfied that the defence filed herein by the defendant is a sham which discloses no triable issues and is solely meant to prejudice, embarrass and delay the course of justice. By reason of the foregoing, the application is granted and judgment entered in favour of the plaintiff against the defendant as prayed in the plaint. The defendant will bear the plaintiff’s costs of this application.
Dated at Nairobi this 11th day of June, 2002.
T. MBALUTO
JUDGE