[2001] KEHC 788 (KLR)
The court found that the defendant's defence was a mere sham and raised no triable issue. The defendant failed to file any replying affidavit or grounds of opposition to the application for summary judgment. The court was satisfied that the plaintiff had established its claim for the sum of KES 977,069.30 plus...
Source-derived case information.
- Citation
- [2001] KEHC 788 (KLR)
- Parties
- Plaintiff: National Bank of Kenya Ltd.; Defendant: William Waweru Watene
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1918 of ??
- Procedural Posture
- Civil Case / Summary Judgment Application
- Outcome
- summary judgment granted for the plaintiff
- Legal Topics
- Summary Judgment, Indebtedness, Interest on Debt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
National Bank of Kenya Ltd.
Plaintiff
William Waweru Watene
Defendant
Procedural Posture
Civil Case / Summary Judgment Application
Legal Issues
- 1 Whether the defendant is truly and justly indebted to the plaintiff in the sum claimed.
- 2 Whether the defence raises any triable issue to warrant a full trial.
- 3 Whether the plaintiff is entitled to summary judgment under Order XXXV Rule 1 of the Civil Procedure Rules.
Ratio Decidendi
The court found that the defendant's defence was a mere sham and raised no triable issue. The defendant failed to file any replying affidavit or grounds of opposition to the application for summary judgment. The court was satisfied that the plaintiff had established its claim for the sum of KES 977,069.30 plus interest at 30% per annum from 1st July, 2000. Accordingly, the court granted the application and entered summary judgment in favour of the plaintiff against the defendant for the amount claimed plus interest until payment in full.
Court Disposition
summary judgment granted for the plaintiff
Orders
- Judgment entered in favour of the plaintiff against the defendant for KES 977,069.30 plus interest at 30% per annum from 1st July, 2000 until payment in full.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NO. 1918 OF 2000
NATIONAL BANK OF KENYA LTD. PLAINTIFF VERSUS WILLIAM WAWERU WATENE DEFENDANT
RULING
This is an application for summary judgment under 0. XXXV Rule 1 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act. The application is supported by an affidavit sworn on 9th October, 2001 by N. M. Matheri the Branch Manager of the plaintiff's Bank, Kenyatta Avenue Branch.
The affidavit reveals that the defendant is truly and justly indebted to the plaintiff in the sum of Shs.977,069/30 which sum continues to attract interest at the rate of 30% per annum from 1st July, 2000.
I have looked at the defendant's defence filed herein and though it denies the sums claimed in the plaint, it is clear from the pleadings that the same is a mere sham which raises no triable issue at all. Indeed though the application was served upon the defendant, he did not file any replying affidavit or grounds of opposition. In the circumstances I am satisfied that the plaintiff is entitled to summary judgment as prayed in the application.
The application is therefore granted and judgment entered in favour of the plaintiff against the defendant for Shs.977,069/30 plus interest from 1st July, 2000 until payment in full.
Dated at Nairobi this 23rd day of November, 2001.
T. MBALUTO ..................... JUDGE