[2007] KEHC 1975 (KLR)

[2007] KEHC 1975 (KLR)

The court found that the plaintiff's claim was a liquidated demand supported by documentary evidence and sworn affidavit. The defendant, despite being served with the amended plaint and the application, failed to file any response or amended defence. The existing defence was a general denial and did not address the amended claim, raising no triable issues. The court held that the circumstances justified striking out the defence and entering summary judgment for the plaintiff as prayed in the amended plaint, together with costs.

Citation
[2007] KEHC 1975 (KLR)
Parties
Plaintiff: Microlan (K) Limited; Defendant: Network Technics & Systems Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
31 August 2007
Case Number
Civil Case 270 of 2005
Procedural Posture
Civil Case / Ruling on Application for Summary Judgment and Striking Out of Defence
Outcome
application allowed; defence struck out; summary judgment entered for plaintiff
Legal Topics
Summary Judgment, Striking Out Defence, Liquidated Claim, Goods Sold and Delivered
Source Language
English
Civil Procedure Commercial and Corporate Summary Judgment Striking Out Defence Liquidated Claim Goods Sold and Delivered

Case Brief

Summary, issues, holding and outcome

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Parties

Microlan (K) Limited

Plaintiff

Network Technics & Systems Limited

Defendant

Procedural Posture

Civil Case / Ruling on Application for Summary Judgment and Striking Out of Defence

Legal Issues

  1. 1 Whether the defendant's defence should be struck out for being frivolous, vexatious, or an abuse of court process.
  2. 2 Whether the plaintiff is entitled to summary judgment for the sum claimed in the amended plaint.

Ratio Decidendi

The court found that the plaintiff's claim was a liquidated demand supported by documentary evidence and sworn affidavit. The defendant, despite being served with the amended plaint and the application, failed to file any response or amended defence. The existing defence was a general denial and did not address the amended claim, raising no triable issues. The court held that the circumstances justified striking out the defence and entering summary judgment for the plaintiff as prayed in the amended plaint, together with costs.

Court Disposition

application allowed; defence struck out; summary judgment entered for plaintiff

Orders

  • The defendant's defence dated 18th August, 2005 is struck out.
  • Summary judgment is entered for the plaintiff for the sum of KShs. 958,575.84 as per the amended plaint.