[2018] KEHC 4772 (KLR)

[2018] KEHC 4772 (KLR)

The court found that the defendant's statement of defence, though filed out of time and without leave, raised triable issues regarding the value and condition of the goods supplied under the contract. The court held that the alleged admissions relied upon by the applicant were not clear or unequivocal; the relevant...

Source-derived case information.

Citation
[2018] KEHC 4772 (KLR)
Parties
Plaintiff: Endebess Development Company Limited; Defendant: Coast Development Authority
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
23 February 2018
Case Number
Civil Suit 11 of 2017
Procedural Posture
Civil Suit / Ruling on Application to Strike Out Defence and for Judgment on Admission
Outcome
Application dismissed; statement of defence deemed properly on record; costs of the application awarded to the applicant.
Judges
AW Mwangi
Legal Topics
Striking Out of Pleadings, Judgment on Admission, Triable Issues, Late Filing of Defence
Source Language
english
Civil Procedure Commercial and Corporate Striking Out of Pleadings Judgment on Admission Triable Issues Late Filing of Defence

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Summary, issues, holding and outcome

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Parties

Endebess Development Company Limited

Plaintiff

Coast Development Authority

Defendant

Procedural Posture

Civil Suit / Ruling on Application to Strike Out Defence and for Judgment on Admission

Legal Issues

  1. 1 Whether judgment should be entered on admission in favour of the plaintiff/applicant.
  2. 2 Whether the defendant's statement of defence should be struck out for being filed out of time and for failing to disclose any reasonable defence.

Ratio Decidendi

The court found that the defendant's statement of defence, though filed out of time and without leave, raised triable issues regarding the value and condition of the goods supplied under the contract. The court held that the alleged admissions relied upon by the applicant were not clear or unequivocal; the relevant letter was written on a 'without prejudice' basis and was inadmissible, and the defence did not amount to an admission of the plaintiff's claim. The court exercised its discretion to deem the defence properly on record in the interest of justice, declining to strike it out or enter judgment on admission. The court emphasized that striking out pleadings is a drastic remedy to be...

Court Disposition

Application dismissed; statement of defence deemed properly on record; costs of the application awarded to the applicant.

Orders

  • The statement of defence filed on 31st March, 2017 is deemed properly on record.
  • The application to strike out the defence and for judgment on admission is dismissed.