[2020] KEHC 9720 (KLR)

[2020] KEHC 9720 (KLR)

The court found that the plaintiff's claim was for a liquidated sum supported by duly acknowledged invoices and statements of account, which were signed and stamped by the defendant, constituting acknowledgment of receipt. The application for summary judgment was filed after appearance but before defence, and the defence subsequently filed without leave was not a proper defence under Order 36 Rule 2. Even if considered, the defence did not raise any triable issues or sufficiently challenge the plaintiff's evidence. The court held that the plaintiff's claim was plain and obvious, and the defendant failed to demonstrate a bona fide defence or raise any triable issue. Accordingly, the...

Citation
[2020] KEHC 9720 (KLR)
Parties
Plaintiff: Global Impex Machinery Ltd; Defendant: VLAN Construction Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
14 May 2020
Case Number
Civil Case E193 of 2019
Procedural Posture
Summary Judgment Application / Ruling on Application for Summary Judgment
Outcome
application allowed; summary judgment entered for plaintiff
Judges
WA Okwany
Legal Topics
Summary Judgment, Liquidated Claims, Sale of Goods, Defence Striking Out
Source Language
English
Commercial and Corporate Civil Procedure Summary Judgment Liquidated Claims Sale of Goods Defence Striking Out

Case Brief

Summary, issues, holding and outcome

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Parties

Global Impex Machinery Ltd

Plaintiff

VLAN Construction Ltd

Defendant

Procedural Posture

Summary Judgment Application / Ruling on Application for Summary Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment for the liquidated sum claimed.
  2. 2 Whether the defendant's defence raises any triable issues or bona fide defence.
  3. 3 Whether the defence filed without leave after a summary judgment application is valid.

Ratio Decidendi

The court found that the plaintiff's claim was for a liquidated sum supported by duly acknowledged invoices and statements of account, which were signed and stamped by the defendant, constituting acknowledgment of receipt. The application for summary judgment was filed after appearance but before defence, and the defence subsequently filed without leave was not a proper defence under Order 36 Rule 2. Even if considered, the defence did not raise any triable issues or sufficiently challenge the plaintiff's evidence. The court held that the plaintiff's claim was plain and obvious, and the defendant failed to demonstrate a bona fide defence or raise any triable issue. Accordingly, the...

Court Disposition

application allowed; summary judgment entered for plaintiff

Orders

  • Summary judgment is entered for the plaintiff against the defendant for Kshs 27,714,503.02 with interest at court rates.
  • The defendant shall pay the costs of the application and the suit.