[2001] KEHC 491 (KLR)
The court found that the defendant's letter proposing a payment plan constituted a clear and unequivocal admission of the debt owed to the plaintiff. The defence filed by the defendant was deemed a sham as it did not raise any triable issues. Consequently, the court allowed the plaintiff's application and entered...
Source-derived case information.
- Citation
- [2001] KEHC 491 (KLR)
- Parties
- Plaintiff: Iron Africa Limited; Defendant: Stell Tubes & Pipes Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 490 of 2001
- Procedural Posture
- Civil Case / Ruling on Application for Judgment on Admission
- Outcome
- judgment for the plaintiff on admission
- Judges
- T Mbaluto
- Legal Topics
- Debt Recovery, Admission of Liability, Summary Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Iron Africa Limited
Plaintiff
Stell Tubes & Pipes Limited
Defendant
Procedural Posture
Civil Case / Ruling on Application for Judgment on Admission
Legal Issues
- 1 Whether the defendant has admitted the plaintiff's claim for the amount due.
- 2 Whether the defence raises any triable issues or is a mere denial.
Ratio Decidendi
The court found that the defendant's letter proposing a payment plan constituted a clear and unequivocal admission of the debt owed to the plaintiff. The defence filed by the defendant was deemed a sham as it did not raise any triable issues. Consequently, the court allowed the plaintiff's application and entered judgment in favour of the plaintiff for the amount claimed, with costs to be borne by the defendant.
Court Disposition
judgment for the plaintiff on admission
Orders
- Judgment is entered in favour of the plaintiff against the defendant as prayed in the plaint.
- The defendant shall bear the plaintiff's costs of the suit.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NO. 490 OF 2001
IRON AFRICA LIMITED ……………………………………. PLAINTIFF VERSUS STELL TUBES & PIPES LIMITED ………………….. DEFENDANT
RULING
This is an application for judgment to be entered against the defendant on the ground that the defendant has admitted the claim and that the defence filed by it herein is a mere denial which raises no triable issues.
The application is supported by an affidavit sworn on 7. 9.2001 by Hasmukh Kanji Patel a director of the plaintiff company which shows that the claim by the plaintiff against the defendant arises from goods said to have been sold by the plaintiff to the defendant. The same affidavit further reveals that when payment for the goods was not forthcoming, the plaintiff’s advocates demanded payment of the amount due being Shs.1,586,735. 50, to which demand the defendant responded as follows:-
“We have received your letter dated 4 th February, 2000 on 9 th February, 2000. You can understa nd that at present the Economy of the Country is not very well & also our factory was closed for Two Months and such we are facing big Cash -flow problem. We are going to start the factory after 22 nd February, 00 and we think we shall try and manage to pay you Kshs.200,000/= (Kshs. Two Hundred Thousand only) per month. We hope your client will accept the proposal.”
In my view the above letter constitutes a clear and unequivocal admission of the debt by the defendant and consequently, the defendant’s defence is an obvious sham. Consequently, the application is allowed and judgment entered in favour of the plaintiff against the defendant as prayed in the plaint. The defendant will bear the plaintiff’s costs of the suit.
Dated at Nairobi this 26th day of November, 2001.
T. MBALUTO JUDGE