[2004] KEHC 1275 (KLR)
The court found that the plaintiff had established its claim for KES 15 million against the defendant, supported by documentary evidence including admissions by the defendant or his agent. The defendant failed to attend the hearing or present any defence to the application. The court was satisfied that there was no...
Source-derived case information.
- Citation
- [2004] KEHC 1275 (KLR)
- Parties
- Plaintiff: Southern Credit Banking Corporation; Defendant: Bhupinder Singh Dogra
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 249 of 2003
- Procedural Posture
- Civil Case / Ruling on Summary Judgment Application
- Outcome
- Plaintiff's application for summary judgment granted; defence struck out or dismissed; costs awarded to plaintiff.
- Legal Topics
- Loan Default, Summary Judgment, Secured Transactions, Guarantees, Striking Out Defence
- 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
Southern Credit Banking Corporation
Plaintiff
Bhupinder Singh Dogra
Defendant
Procedural Posture
Civil Case / Ruling on Summary Judgment Application
Legal Issues
- 1 Whether the plaintiff is entitled to summary judgment against the defendant for the outstanding loan amount.
- 2 Whether the defendant's defence should be struck out or dismissed.
- 3 Whether the defendant is truly and justly indebted to the plaintiff for the claimed amount.
Ratio Decidendi
The court found that the plaintiff had established its claim for KES 15 million against the defendant, supported by documentary evidence including admissions by the defendant or his agent. The defendant failed to attend the hearing or present any defence to the application. The court was satisfied that there was no triable issue raised by the defence and that the plaintiff was entitled to summary judgment as prayed. The application for summary judgment was therefore merited, and the orders sought were granted, including striking out or dismissing the defence and awarding costs to the plaintiff.
Court Disposition
Plaintiff's application for summary judgment granted; defence struck out or dismissed; costs awarded to plaintiff.
Orders
- Summary judgment entered for the plaintiff as prayed in the amended plaint.
- The defence statement filed by the defendant is struck out and/or dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL COURT
CIVIL CASE NO 249 OF 2003
SOUTHERN CREDIT BANKING CORPORTATION………......………….PLAINTIFF
VERSUS
BHUPINDER SINGH DOGRA ……………………………………...….DEFENDANT
RULING
When the Plaintiff’s application dated 7th October 2004 came up for hearing the defendant’s counsel who had been served failed to attend and the same proceeded ex parte.
The application is under Order 35 Rule 1 of the Civil Procedure Rules and Section 3 A of the Civil Procedure Act.
The Plaintiff seeks that summary judgment be entered for the plaintiff as prayed for in the amended plaint and the defence statement filed by the defendant be struck out and or dismissed.
The plaintiff on or about September 1995 granted the defendant a loan of kshs 4. 5 million and as security the defendant executed a charge over L.R. No. KILIFI/JIMBA/277. The defendant despite his unequivocal promise to service the said loan failed to repay the said money, as at 31st July 2000 the amount due from the defendant was kshs 5 million.
The defendant also executed a guarantee on behalf of Vulpine Investment Ltd in which company the defendant is also a director. The plaintiff granted the said Vulpine Investment Ltd loans and over drafts facilities.
The said company breached the terms of the loan and as at 31st July 2000 it was indebted to the Plaintiff for kshs 10 million.
Following protracted negotiations between the plaintiff through the Central Bank of Kenya appointed manager and the defendant it was agreed that the accrued interest on these loans be written off and the defendant to settle the amount of kshs 15 million. Exhibit ‘W05’ are letters of admission written by the defendant, his agent or advocate.
The plaintiff counsel, in view of the aforesaid, submitted that the defendant is truly and justly indebted to the plaintiff for kshs 15 million plus interest at the rate of 28% per annum compounded from 1st August 2000. The Plaintiff’s counsel prayed for judgment accordingly.
Having heard counsel’s submission and having regard to the application and the supporting affidavit I am of the view that the Plaintiff’s application is merited and I accordingly grant prayers No 1 and 2 as prayed in the application dated 7th October 2004, the costs of that application are awarded to the Plaintiff.
It is so ordered
Dated and delivered this 16th November 2004.
MARY KASANGO
AG JUDGE