[2001] KEHC 633 (KLR)
The court found that the defendant's defence amounted to a bare denial and did not disclose a reasonable defence to the plaintiff's claim. The defendant had admitted the debt in his own handwriting, and the subsequent affidavit in reply was a complete departure from the filed defence, lacking credibility. The...
Source-derived case information.
- Citation
- [2001] KEHC 633 (KLR)
- Parties
- Plaintiff: Jagdish Patel t/a Tanzsavo; Defendant: Dr. M. A. Fazil
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1544 of ??
- Procedural Posture
- Civil Case / Summary Judgment Application
- Outcome
- Judgment for the plaintiff as claimed.
- Legal Topics
- Summary Judgment, Admission of Debt, Bare Denial, Defence Striking Out
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jagdish Patel t/a Tanzsavo
Plaintiff
Dr. M. A. Fazil
Defendant
Procedural Posture
Civil Case / Summary Judgment Application
Legal Issues
- 1 Whether the defendant has disclosed a reasonable defence to the plaintiff's claim for the admitted debt.
- 2 Whether summary judgment should be entered in favour of the plaintiff based on the defendant's admission of liability.
Ratio Decidendi
The court found that the defendant's defence amounted to a bare denial and did not disclose a reasonable defence to the plaintiff's claim. The defendant had admitted the debt in his own handwriting, and the subsequent affidavit in reply was a complete departure from the filed defence, lacking credibility. The plaintiff's evidence, including cheques and correspondence, established the debt. Therefore, the court was satisfied that summary judgment was appropriate as the defendant failed to demonstrate any triable issue or reasonable defence.
Court Disposition
Judgment for the plaintiff as claimed.
Orders
- Summary judgment is entered in favour of the plaintiff for the sum claimed.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI H.C.CIVIL CASE NO.1544 OF 2000
JAGDISH PATEL T/A TANZSAVO ………….….. PLAINTIFF VERSUS DR. M. A. FAZIL ……………………………….…… DEFENDANT
R U L I N G
Mr. Sharma no trouble were raised. The Plaintiff applies for summary Judgment on the grounds set out in his application and affidavit in support. The exhibits confirm a letter in which the Defendant’s admits owing the sum claimed. In this affidavit in reply he claims that the admission is in his own handwriting. However the defence filed which amounts to a bare denial of the claim does not disclose a good defence to the Plaintiff’s claim.
The affidavit in reply is complete departure in the defence as filed telling as it raise an elaborate story and claiming that the goods delivered were in an expired condition.
The Plaintiff has produced names and copies of cheques owed by the Defendant showing dealings between the parties.
Although a Defendant may show he has a good defence through an advocate where as in this case it is a total departure for the defence as it lacks credibility. I am satisfied that this is a case where the Defendant has not shown he has a reasonable defence to the Plaintiff’s claims and I therefore give Judgment to the Plaintiff as claimed.
Dated and delivered at Nairobi this 16th day of October, 2001.
P.J. RANSLEY COMMISSIONER OF ASSIZE