[2005] KEHC 3304 (KLR)
The court found that the defendant's defence contained an unequivocal admission of the plaintiff's claim, as the defendant admitted the contents of the relevant paragraphs of the plaint and only pleaded inability to pay due to lack of assets or income. The court held that such an admission entitled the plaintiff to...
Source-derived case information.
- Citation
- [2005] KEHC 3304 (KLR)
- Parties
- Plaintiff: Kenya Litho Limited; Defendant: Independent Tea Packers Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 82 of 2005
- Procedural Posture
- Civil Suit / Ruling on Notice of Motion for Judgment on Admission
- Outcome
- judgment entered for the plaintiff as prayed in the plaint; costs of the application awarded to the plaintiff
- Legal Topics
- Judgment on Admission, Pleadings, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Litho Limited
Plaintiff
Independent Tea Packers Limited
Defendant
Procedural Posture
Civil Suit / Ruling on Notice of Motion for Judgment on Admission
Legal Issues
- 1 Whether the defendant has made an unequivocal admission of the plaintiff's claim warranting judgment on admission.
- 2 Whether the plaintiff is entitled to judgment as prayed in the plaint based on the defendant's admission.
Ratio Decidendi
The court found that the defendant's defence contained an unequivocal admission of the plaintiff's claim, as the defendant admitted the contents of the relevant paragraphs of the plaint and only pleaded inability to pay due to lack of assets or income. The court held that such an admission entitled the plaintiff to judgment on admission under Order 12 Rule 6 of the Civil Procedure Rules. The inability to pay does not negate the admission of liability. Accordingly, the court granted the plaintiff's application and entered judgment as prayed in the plaint, together with costs of the application.
Court Disposition
judgment entered for the plaintiff as prayed in the plaint; costs of the application awarded to the plaintiff
Orders
- Judgment is entered in favour of the plaintiff as prayed in the plaint.
- The plaintiff is granted the costs of the application dated 23rd March 2005.
Full Case Text
Judgment text and source record
13 paragraphs
REPULIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBICOMMERCIAL DIVISION MILIMANICivil Suit 82 of 2005KENYA LITHO LIMITED …………………….…...……….PLAINTIFFVERSUSINDEPENDENT TEA PACKERS LIMITED …...…...….DEFENDANTR U L I N G The plaintiff has brought an application by Notice of Motion brought under the provisions of order 12 Rule 6 and Order 50 Rule 1 and 3 of the Civil Procedure Rules.
The plaintiff seeks an order that judgment be entered as against the defendant as prayed in the plaint.
The plaintiff’s application is grounded on the ground that the defendant wholly admitted the plaintiff’s claim in paragraph 2 of the defence.
Paragraph 2 of the defendant’s defence states
“The defendant admits the contents of paragraph 3 and 4 of the plaint but avers that it is unable to make good the plaintiffs claim because it is no longer trading, has no means of income and neither has assets which can be liquidated to pay the claim.”
Having the above averment in mind I am satisfied that the defendant has made admission of the plaintiff’s claim, and accordingly the application is merited.
The order of the court is: -
(1) That judgment is entered in favour of the plaintiff as prayed in the plaint.
(2) The plaintiff is granted the costs of the application dated 23rd March 2005.
Dated and delivered at Nairobi this 29th July 2005.
MARY KASANGO
JUDGE