[2004] KEHC 1902 (KLR)
The court found that there were substantial disputes regarding the services rendered, the assessment of the claim, and the terms of the contract between the parties. The plaintiff failed to provide clear evidence of how the claimed amount was arrived at or proof of the contractual terms and services performed. Given...
Source-derived case information.
- Citation
- [2004] KEHC 1902 (KLR)
- Parties
- Plaintiff: Green Palms Investments Ltd; Defendant: Kenya Pipeline Company Ltd
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 90 of 2003
- Procedural Posture
- Civil Suit / Ruling on Summary Judgment Application
- Outcome
- application dismissed
- Legal Topics
- Summary Judgment, Contractual Disputes, Liquidated Claims, Proof of Services
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Green Palms Investments Ltd
Plaintiff
Kenya Pipeline Company Ltd
Defendant
Procedural Posture
Civil Suit / Ruling on Summary Judgment Application
Legal Issues
- 1 Whether the plaintiff is entitled to summary judgment for the claimed sum.
- 2 Whether there are triable issues that warrant a full trial.
- 3 Whether the plaintiff has provided sufficient proof of contract terms and services rendered.
Ratio Decidendi
The court found that there were substantial disputes regarding the services rendered, the assessment of the claim, and the terms of the contract between the parties. The plaintiff failed to provide clear evidence of how the claimed amount was arrived at or proof of the contractual terms and services performed. Given the large sum involved and the pleaded illegality, the court determined that the matter raised triable issues that could only be resolved at a full trial. Consequently, the application for summary judgment was dismissed, and costs were awarded to the respondent.
Court Disposition
application dismissed
Orders
- The application for summary judgment is dismissed.
- Costs of the application are awarded to the respondent.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL SUIT NO. 90 OF 2003
GREEN PALMS INVESTMENTS LTD……………………….PLAINTIFF
V E R S U S
KENYA PIPELINE COMPANY LTD………………………DEFENDANT
R U L I N G
The Plaintiff/Applicant filed a Plaint against Defendant claiming Kshs.26,384,800/-, a liquidated demand, plus costs and interest. The cause of action is said to have arisen out of agreement pleaded under para.4 of the Plaint, namely, to render some services and work performed by Defendant in connection with obtaining title to some property referred as “KPC’s Kipevu Oil Storage Facility Mombasa” .
The Plaintiff/Applicant submitted his invoice for payment but the Defendant has failed to pay hence this application for summary judgment in the said sum. The application is supported by the Affidavit of Managing Director Daniel Kihiko who in addition appeared for cross-examination. The application is opposed by the Defendant who has filed a Replying Affidavit sworn by Mary Kiptui.
I have perused the statement of defence filed on 22/5/03. It is clear that there are major disputes as to the services rendered and work done. There is also dispute as to how the claim was assessed. There is also dispute between the Defendant and the Thirty Party. In view of the large amount claimed and the pleaded illegality I am of the view that this is a case that should proceed to trial where both parties shall have full opportunity to call their witnesses.
On perusing the evidence laid before the court it is not clear how the said claim was arrived at and further more he does not show any proof of the terms of contract or the work done and services rendered. The Defednant is public body and it could easily be manipulated by disloyal employees as pleaded in the defence.
For these reasons I dismiss application and award costs thereof to the Respondent.
Dated at Mombasa this 2nd day of March, 2004.
JOYCE KHAMINWA
J U D G E