[2009] KEHC 1681 (KLR)

[2009] KEHC 1681 (KLR)

The court found that the plaintiff had established, on a balance of probabilities, that it supplied goods to the defendant, who received them and issued cheques in payment that were dishonoured. The defendant filed a defence of bare denials and failed to file any affidavit or evidence in opposition to the summary judgment application, despite being served. The only argument raised by the defendant's counsel—that the cheques were not presented for payment—was not supported by evidence and did not constitute a bona fide triable issue. The court held that the defendant's conduct indicated no genuine dispute of the debt and that the defence was a sham, filed merely to delay the inevitable....

Citation
[2009] KEHC 1681 (KLR)
Parties
Plaintiff: Industrial Polymers (Africa) Ltd; Defendant: Cables and Plastics Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
14 October 2009
Case Number
Civil Case 17 of 2009
Procedural Posture
Civil Case / Ruling on Summary Judgment Application
Outcome
summary judgment entered for the plaintiff
Judges
LK Kimaru
Legal Topics
Summary Judgment, Goods Sold and Delivered, Commercial Debt Recovery, Defence of Bare Denial
Source Language
English
Commercial and Corporate Civil Procedure Summary Judgment Goods Sold and Delivered Commercial Debt Recovery Defence of Bare Denial

Case Brief

Summary, issues, holding and outcome

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Parties

Industrial Polymers (Africa) Ltd

Plaintiff

Cables and Plastics Ltd

Defendant

Procedural Posture

Civil Case / Ruling on Summary Judgment Application

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment for the sum claimed on account of goods sold and delivered to the defendant.
  2. 2 Whether the defendant's defence raises any triable issues warranting a full trial.
  3. 3 Whether the defendant's failure to oppose the summary judgment application is fatal to its case.

Ratio Decidendi

The court found that the plaintiff had established, on a balance of probabilities, that it supplied goods to the defendant, who received them and issued cheques in payment that were dishonoured. The defendant filed a defence of bare denials and failed to file any affidavit or evidence in opposition to the summary judgment application, despite being served. The only argument raised by the defendant's counsel—that the cheques were not presented for payment—was not supported by evidence and did not constitute a bona fide triable issue. The court held that the defendant's conduct indicated no genuine dispute of the debt and that the defence was a sham, filed merely to delay the inevitable....

Court Disposition

summary judgment entered for the plaintiff

Orders

  • Summary judgment is entered in favour of the plaintiff in the sum of Kshs.6,112,011 together with interest at court rates from the date of filing suit.
  • The plaintiff shall have the costs of this application and the cost of the suit.