[2014] KEHC 8756 (KLR)

[2014] KEHC 8756 (KLR)

The court found that there was no unequivocal admission of liability by the defendant, as the affidavit relied upon by the plaintiff was ambiguous and did not establish a clear contractual relationship. The defendant's explanation that its address was used for shipping purposes and that Team Boss Baltic was invoiced...

Source-derived case information.

Citation
[2014] KEHC 8756 (KLR)
Parties
Plaintiff: Krypton Technology Solutions Limited; Defendant: Kenya Office Printing Solutions Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
20 November 2014
Case Number
Civil Suit 334 of 2013
Procedural Posture
Civil Suit / Ruling on Interlocutory Applications
Outcome
Both applications dismissed; each party to bear its own costs.
Legal Topics
Summary Judgment, Security for Costs, Contractual Liability, Company Directors Liability
Source Language
english
Commercial and Corporate Summary Judgment Security for Costs Contractual Liability Company Directors Liability

Source-derived case record

Summary, issues, holding and outcome

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Parties

Krypton Technology Solutions Limited

Plaintiff

Kenya Office Printing Solutions Limited

Defendant

Procedural Posture

Civil Suit / Ruling on Interlocutory Applications

Legal Issues

  1. 1 Whether the defendant should be ordered to provide security for the claimed sum or have its goods attached.
  2. 2 Whether summary judgment should be entered against the defendant based on alleged admission of liability.
  3. 3 Whether the plaint discloses a reasonable cause of action against the defendant.

Ratio Decidendi

The court found that there was no unequivocal admission of liability by the defendant, as the affidavit relied upon by the plaintiff was ambiguous and did not establish a clear contractual relationship. The defendant's explanation that its address was used for shipping purposes and that Team Boss Baltic was invoiced raised arguable issues that required further evidence. The court held that the defence was not a sham and that the case was not so plain and obvious as to justify summary judgment. The plaintiff's assertions regarding the flight of a director and risk of asset dissipation were not sufficiently substantiated. Consequently, both the plaintiff's application for summary judgment...

Court Disposition

Both applications dismissed; each party to bear its own costs.

Orders

  • The plaintiff's application dated 26th June 2013 is dismissed.
  • The defendant's application dated 30th August 2013 is dismissed.