[2009] KEHC 3253 (KLR)
The court found that the defendant admitted issuing the cheques and failed to provide a satisfactory reason for stopping payment. The defence raised no triable issue, and the plaintiff's claim was supported by documentary evidence. The court concluded that summary judgment was appropriate as the defendant's...
Source-derived case information.
- Citation
- [2009] KEHC 3253 (KLR)
- Parties
- Plaintiff: Matrix Technologies Co. Ltd.; Defendant: Sheila Kinya Maingi t/a Riziki Communications
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 339 of 2005
- Procedural Posture
- Civil Case / Ruling on Application for Summary Judgment
- Outcome
- Application for summary judgment allowed. Orders granted as prayed with costs to the applicant.
- Legal Topics
- Summary Judgment, Dishonoured Cheques, Debt Recovery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Matrix Technologies Co. Ltd.
Plaintiff
Sheila Kinya Maingi t/a Riziki Communications
Defendant
Procedural Posture
Civil Case / Ruling on Application for Summary Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to summary judgment under Order 35 of the Civil Procedure Code.
- 2 Whether the defendant has raised any triable issue in her defence.
- 3 Whether the issuance of dishonoured cheques constitutes a valid basis for summary judgment.
Ratio Decidendi
The court found that the defendant admitted issuing the cheques and failed to provide a satisfactory reason for stopping payment. The defence raised no triable issue, and the plaintiff's claim was supported by documentary evidence. The court concluded that summary judgment was appropriate as the defendant's statement of defence lacked merit and did not disclose any issue requiring trial.
Court Disposition
Application for summary judgment allowed. Orders granted as prayed with costs to the applicant.
Orders
- Summary judgment entered in favour of the plaintiff as prayed in the application.
- Defendant to pay costs to the applicant.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS COMMERCIAL AND TAX DIVISION)
CIVIL CASE 339 OF 2005
MATRIX TECHNOLOGIES CO. LTD. …......................................……….... PLAINTIFF
VERSUS
SHEILA KINYA MAINGI t/aRIZIKI COMMUNICATIONS …………………... DEFENDANT
R U L I N G
The application for summary judgment under Order 35 Civil Procedure Code, the amounts claimed are stated and it is by cheque which was given and not paid by bank. It is now a criminal offence to issue cheques which are not supported by cash in the bank.
The defendant admits having issued these cheques and then says she stopped payment. The excuse she gives for stopping the payment is not satisfactory. She says she was in business with plaintiff for a long time. I find it not truthful to say that she did not know about the debt.
I find no merit in the statement of defence. I find no triable issue and I allow the application and grant orders as prayed with costs to the applicant.
It is so ordered.
DATED, DELIVERED and SIGNED this 16th day of July 2009.
JOYCE N. KHAMINWA
JUDGE