[2000] KEHC 465 (KLR)
The court found that the 3rd defendant, by executing a written guarantee and subsequently acknowledging liability in a letter dated September 16, 1999, made clear and unequivocal admissions of liability for the credit card charges incurred by the 1st defendant. The 3rd defendant's failure to honour the repayment...
Source-derived case information.
- Citation
- [2000] KEHC 465 (KLR)
- Parties
- Plaintiff: National Bank Of Kenya Limited; Defendant: Electro-Sigma Company Ltd; Defendant: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 884 of 1995
- Procedural Posture
- Civil Case / Application for Judgment on Admission
- Outcome
- Application allowed. Judgment entered for the plaintiff against the 3rd defendant on admission with costs.
- Legal Topics
- Judgment on Admission, Guarantee Liability, Credit Card Debt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Bank Of Kenya Limited
Plaintiff
Electro-Sigma Company Ltd
Defendant
__MISSING__
Defendant
Procedural Posture
Civil Case / Application for Judgment on Admission
Legal Issues
- 1 Whether the 3rd defendant admitted liability to the plaintiff for the credit card charges incurred by the 1st defendant.
- 2 Whether judgment should be entered against the 3rd defendant on the basis of the admission.
Ratio Decidendi
The court found that the 3rd defendant, by executing a written guarantee and subsequently acknowledging liability in a letter dated September 16, 1999, made clear and unequivocal admissions of liability for the credit card charges incurred by the 1st defendant. The 3rd defendant's failure to honour the repayment proposals and lack of any substantive defence left no triable issue. Accordingly, the court held that the plaintiff was entitled to judgment on admission against the 3rd defendant under Order 12 rule 6 of the Civil Procedure Rules.
Court Disposition
Application allowed. Judgment entered for the plaintiff against the 3rd defendant on admission with costs.
Orders
- Judgment is entered in favour of the plaintiff against the 3rd defendant on admission.
- The 3rd defendant shall pay the plaintiff's costs of the application.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA
National Bank Of Kenya Limited v Electro-Sigma Company Ltd & 2 Others
High Court of Kenya at Nairobi October 9, 2000 Milimani Commercial Courts T Mbaluto, Judge Civil Case No 884 of 1995 October 9, 2000 T Mbaluto, Judge delivered the following ruling.
This is an application under Order 12 rule 6 of the Civil Procedure Rules for judgment in favour of the plaintiff against the 3rd defendant on admission. The application is supported by an affidavit sworn on May 16, 2000 by Mr William Lagat, the officer in the plaintiff’s bank in charge of the legal department.
Mr Lagat’s affidavit reveals that by a guarantee in writing dated October 27, 1997, the third defendant, in consideration of the plaintiff issuing a credit card to the 1st defendant, agreed to be jointly and severally liable for all the charges incurred on the card. The affidavit also shows that by a letter dated September 16, 1999, the 3rd defendant accepted his liability to the plaintiff and made repayment proposals which he however failed to honour.
On the basis of the admission aforesaid, I am satisfied that the 3rd defendant has no defence to the plaintiff’s claim. In the circumstances the application is allowed as prayed with costs.