[2009] KEHC 2606 (KLR)
The court found that the defendant had expressly admitted the debt in correspondence, specifically in letters dated 1st October 2008 and 14th November 2008, and had made a partial payment of KShs.1,000,000. The remaining balance was not disputed in substance, and the defence filed was a mere denial unsupported by...
Source-derived case information.
- Citation
- [2009] KEHC 2606 (KLR)
- Parties
- Plaintiff: Industrial Polymers (Africa) Limited; Defendant: Flexpac International Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 635 of 2008
- Procedural Posture
- Civil Suit / Ruling
- Outcome
- application allowed
- Judges
- FI Koome
- Legal Topics
- Summary Judgment, Admission of Debt, Contractual Obligations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Industrial Polymers (Africa) Limited
Plaintiff
Flexpac International Limited
Defendant
Procedural Posture
Civil Suit / Ruling
Legal Issues
- 1 Whether the defendant's admission of debt entitles the plaintiff to summary judgment on admission.
- 2 Whether the defence filed by the defendant constitutes a mere denial in light of the documentary evidence and admission.
- 3 Whether the plaintiff is entitled to interest and costs on the admitted sum.
Ratio Decidendi
The court found that the defendant had expressly admitted the debt in correspondence, specifically in letters dated 1st October 2008 and 14th November 2008, and had made a partial payment of KShs.1,000,000. The remaining balance was not disputed in substance, and the defence filed was a mere denial unsupported by evidence. The court held that, in such circumstances, summary judgment on admission is appropriate, as there is no triable issue. The plaintiff was therefore entitled to judgment for the admitted sum, with interest and costs as prayed.
Court Disposition
application allowed
Orders
- Summary judgment is entered for the plaintiff against the defendant in the sum of KShs.5,073,760 with interest at court rates.
- The defendant shall pay the costs of the application to the plaintiff.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Suit 635 of 2008
INDUSTRIAL POLYMERS (AFRICA) LIMITED................ PLAINTIFF
VERSUS
FLEXPAC INTERNTIONAL LIMITD...............................DEFENDANT
RULING
The Plaintiff/Applicant filed a Notice of Motion dated 13/2/09 seeking for judgment on admission against the defendant in the sum of KShs.5,073,760/= with interest and costs. The application is granted on the facts that the Defendants owed the Plaintiff a sum of KShs.6,073,760 at the inception of the suit but upon demand of payment a sum of Kshs.1,000,000/= has been paid. The application is to be supported by the Affidavit of Abdul M. Rashid who has given a .........and documents of goods/materials delivered to the Defendants from time to time at their requests.
A demand was sent to the Defendant and by a letter dated 1st October 2008 the Defendant paid a sum of KShs.1,000,000/= and admitted to pay the balance. The plaintiff now seeks for summary judgment on ....of admission. The defence filed Defendant is a mere denial in view of the admission and evidence of delivery of goods. Although the Defendant counsel were served with the application they failed to attend the court for the hearing.
I have considered the application, the supporting documents and the argument by counsel for the Plaintiff. The letter dated 1st October 2008 by the Defendant admits the debts and promised to pay KShs.1 million by the end of the month and the balance at a later date. This was followed by a letter dated 14th November, 2008 when they enclosed a cheque of KShs.1 million. In the ... of these letters the defence filed herein is a mere sham. The Plaintiff is entitled the summary judgment as admitted. The application dated 13th February, 2009 is hereby allowed with costs and interest at court rates.
It is so ordered.
Signed and read this 28th day of May 2009.
M. K. KOOME
JUDGE