[2000] KEHC 475 (KLR)
The court found that the defendant had admitted in his pleadings to owing the sum of Kshs 800,000 to the plaintiff and that the purported defence and counterclaim were a sham, intended only to delay the plaintiff's recovery of the debt. The counterclaim disclosed no cause of action. As a result, the court was...
Source-derived case information.
- Citation
- [2000] KEHC 475 (KLR)
- Parties
- Plaintiff: Motichand Virpur Shah & Another; Defendant: Satish Shah
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1846 of 1999
- Procedural Posture
- Civil Case / Ruling on Summary Judgment Application
- Outcome
- application allowed; summary judgment entered for the plaintiff.
- Legal Topics
- Summary Judgment, Admission of Debt, Defence Striking Out
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Motichand Virpur Shah & Another
Plaintiff
Satish Shah
Defendant
Procedural Posture
Civil Case / Ruling on Summary Judgment Application
Legal Issues
- 1 Whether the defendant has admitted owing the sum of Kshs 800,000 as claimed by the plaintiff.
- 2 Whether the defence and counterclaim filed by the defendant disclose any reasonable defence or cause of action.
- 3 Whether the plaintiff is entitled to summary judgment under the Civil Procedure Rules.
Ratio Decidendi
The court found that the defendant had admitted in his pleadings to owing the sum of Kshs 800,000 to the plaintiff and that the purported defence and counterclaim were a sham, intended only to delay the plaintiff's recovery of the debt. The counterclaim disclosed no cause of action. As a result, the court was satisfied that the defendant had no reasonable defence to the plaintiff's claim and that summary judgment was appropriate under the Civil Procedure Rules. Judgment was therefore entered in favour of the plaintiff for the amount claimed, together with costs and interest.
Court Disposition
application allowed; summary judgment entered for the plaintiff.
Orders
- Judgment entered in favour of the plaintiff against the defendant for Kshs 800,000 together with costs and interest.
- The defendant will bear the costs of this application.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
CIVIL CASE 1846 OF 99
MOTICHAND VIRPUR SHAH & ANOTHER……………..PLAINTIFF
V
SATISH SHAH……………………………………………….DEFENDANT
RULING
The plaintiff has brought this application by way of Notice of Motion under Order XXXV rule 1 (a) and (3), Order XII rule 6 and Order L rule 3 of the Civil Procedure Rules and section 3A of the Civil Procedure Act for summary judgment against the defendant for Kshs 800,000 which is the amount claimed in the plaint, together with costs and interest. The application is founded on the ground that the defendant has by his pleadings admitted owing the said sum of money.
Although the defendant has filed what purports to be a defence and counter claim, the document is a sham solely intended to delay the plaintiff in the recovery of the sum of Kshs 800,000. I say so because in paragraph 3 of the same document the defendant admits having received the said sum of money for the plaintiff while in paragraph 8, he acknowledges his obligation to repay the money in full. As for the counter claim it discloses no cause of action.
For the above reasons, I am satisfied that the defendant has no reasonable defence to the plaintiff’s claim as what he has put forward as a defence is clearly a sham. Accordingly, the application is allowed and judgment entered in favour of the plaintiff against the defendant for Kshs 800,000 together with costs and interest. The defendant will bear the costs of this application.