[2000] KEHC 489 (KLR)
The court found that the plaintiff had established its claim for the sum of Kshs 7,229,002.90 against the 1st and 5th defendants, supported by affidavit evidence. The defence filed by the defendants was deemed a sham, raising no triable issue. The court was satisfied that the requirements for summary judgment under...
Source-derived case information.
- Citation
- [2000] KEHC 489 (KLR)
- Parties
- Plaintiff: Standard Chartered Bank Kenya Ltd; Defendant: Intergraphic Equipment Ltd; Defendant: 5th Defendant
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 101 of 2000
- Procedural Posture
- Summary Judgment Application / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Summary Judgment, Guarantees, Banking Facilities, Debt Recovery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Standard Chartered Bank Kenya Ltd
Plaintiff
Intergraphic Equipment Ltd
Defendant
5th Defendant
Defendant
Procedural Posture
Summary Judgment Application / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to summary judgment against the 1st and 5th defendants for the sum claimed.
- 2 Whether the defence filed by the 1st and 5th defendants discloses any triable issue.
Ratio Decidendi
The court found that the plaintiff had established its claim for the sum of Kshs 7,229,002.90 against the 1st and 5th defendants, supported by affidavit evidence. The defence filed by the defendants was deemed a sham, raising no triable issue. The court was satisfied that the requirements for summary judgment under Order XXXV rule 1 of the Civil Procedure Rules were met, as the debt was clearly due and the guarantee enforceable. Accordingly, judgment was entered for the plaintiff against the 1st and 5th defendants jointly and severally for the amount claimed, together with costs and interest.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff against the 1st and 5th defendants jointly and severally for Kshs 7,229,002.90.
- Defendants to pay costs of the suit.
Full Case Text
Judgment text and source record
14 paragraphs
Republic of Kenya
In the High Court of Kenya
at Nairobi
Civil Case 101 of 2000
Standard Chartered Bank Kenya Ltd
v
Intergraphic Equipment Ltd & 4 Others
T Mbaluto, Judge September 20, 2000, T Mbaluto,
Judgment
This is an application for summary judgment under Order XXXV rule 1 of the Civil Procedure Rules. The applicant who is the plaintiff in the suit seeks judgment against the 1st and 5th defendants herein as prayed in the plaint. In support of the application there has been filed an affidavit sworn on July 4, 2000 by Jane Chege, the Account Manager employed by the plaintiff who is in charge of the account giving rise to the claim by the plaintiff against the defendants.
The contents of the plaint and the affidavit in support of the application disclose that the plaintiff granted banking facilities to the 1st defendant upon various securities including guarantees by, amongst others, the 5th defendant.
As at December 31, 1999, the sum of Kshs 7,229,002. 90 was due and owing by the 1st defendant to the plaintiff being the balance of the money lent and/or overdraft allowed and money paid to the use of the 1st defendant and guaranteed by the 5th defendant.
Although both the 1st and 5th defendants have filed a joint written statement of defence to the claim, the purported defence is nothing but a sham which does not disclose any triable issue.
This application was duly served upon the advocates for the 1st and 5th defendants Messrs Mbulo and Co. Advocates but they did not attend court and this matter therefore proceeded ex parte. On the basis of the evidence contained in the affidavit in support of the application, I am satisfied that the 1st and 5th defendants are truly and justly indebted to the plaintiff in the sum claimed in the plaint. Accordingly, I enter judgment for the plaintiff against the defendants jointly and severally as claimed in the plaint, together with costs and interest.