[2000] KEHC 129 (KLR)
The court found that the defendant's replying affidavit had been struck out, leaving the defendant with no defence to the plaintiff's claim for a liquidated sum arising from an overdraft facility. The defence filed was deemed a sham, as it merely denied the debt and raised unsubstantiated allegations of negligence,...
Source-derived case information.
- Citation
- [2000] KEHC 129 (KLR)
- Parties
- Plaintiff: Standard Chartered Bank Kenya Limited; Defendant: Newkerm Supplies Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 371 of 1998
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- JK Mulwa
- Legal Topics
- Overdraft Facility, Liquidated Demands, Summary Judgment, Defence Struck Out
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Standard Chartered Bank Kenya Limited
Plaintiff
Newkerm Supplies Company Limited
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to judgment for the liquidated sum claimed based on the overdraft facility.
- 2 Whether the defendant's defence raises any triable issue or constitutes a valid defence.
Ratio Decidendi
The court found that the defendant's replying affidavit had been struck out, leaving the defendant with no defence to the plaintiff's claim for a liquidated sum arising from an overdraft facility. The defence filed was deemed a sham, as it merely denied the debt and raised unsubstantiated allegations of negligence, which did not amount to a valid defence. Consequently, the court held that there was no triable issue and entered judgment for the plaintiff as prayed in the plaint, with costs to the plaintiff.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff as prayed in the plaint.
- Costs of the application and suit to be paid by the defendant.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI HIGH COURT CIVIL CASE NO. 371 OF 1998
STANDARD CHARTERED BANK KENYA LIMITED………….PLAINTIFF VERSUS NEWKERM SUPPLIES COMPANY LIMITED……………….DEFENDANT
JUDGMENT
The plaintiff is praying for Judgment against the defendant on the grounds that the sum claimed is a liquidated demand. The defendant’s replying affidavit paragraph 3 & 4 having been struck out leaves the defendant without any defence to the claim. I have read the plaint in particular paragraph 3 and note that the money claimed arose from an overdraft facility which the defendant has failed to repay.
The defence filed on 28th April, 1998 merely denies that any money is owed raises the question of negligence on the part of the plaintiff by alleging that the defendant was removing money from the defendants account without authority from the defendant. Such issues do not
amount to a defence to the claim and I find that the defence is a sham meant to delay the hearing of the suit.
There being no defence to the suit and no answer to the application, there will be judgment for the plaintiff as prayed in the plaint. Costs of the application and suit shall be paid by the defendant. Dated and delivered at Nairobi this 20th day of June, 2000.
KASANGA MULWA
JUDGE