[2000] KEHC 275 (KLR)
The court found that the defendant's defence amounted to a mere denial and did not raise any triable issues. However, considering the possibility of doubt, the court exercised its discretion to grant the defendant conditional leave to defend, requiring the defendant to deposit the claimed amount in court within 14...
Source-derived case information.
- Citation
- [2000] KEHC 275 (KLR)
- Parties
- Plaintiff: Treadsetters Tyres Limited; Defendant: Hercules Transport Company Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 82 of ??
- Procedural Posture
- Summary Judgment Application / Judgment
- Outcome
- Conditional leave to defend granted to the defendant; failure to deposit the claimed amount within 14 days will result in the defence being struck out and judgment entered for the plaintiff.
- Legal Topics
- Summary Judgment, Goods Supplied and Received, Triable Issues, Conditional Leave to Defend
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Treadsetters Tyres Limited
Plaintiff
Hercules Transport Company Limited
Defendant
Procedural Posture
Summary Judgment Application / Judgment
Legal Issues
- 1 Whether the defence raises any reasonable or triable issues to defeat an application for summary judgment.
- 2 Whether conditional leave to defend should be granted to the defendant.
Ratio Decidendi
The court found that the defendant's defence amounted to a mere denial and did not raise any triable issues. However, considering the possibility of doubt, the court exercised its discretion to grant the defendant conditional leave to defend, requiring the defendant to deposit the claimed amount in court within 14 days. Failure to comply would result in the defence being struck out and judgment entered for the plaintiff as claimed.
Court Disposition
Conditional leave to defend granted to the defendant; failure to deposit the claimed amount within 14 days will result in the defence being struck out and judgment entered for the plaintiff.
Orders
- The defendant is granted leave to defend on condition that the claimed amount is deposited in court within 14 days.
- If the defendant fails to deposit the amount, the defence will be struck out and judgment entered for the plaintiff as claimed.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO.82 OF 2000TREADSETTERS TYRES LIMITED ………………………….…………….. PLAINTIFF - versus – HERCULES TRANSPORT COMPANY LIMITED…………………………. DEFENDANT
J U D G E M E N T This is application for summary judgement for payment of goods supplied and received by the Defendant. I have looked at the claim and the defence, but the principle needed to be observed here is that where the defence raises no reasonable defence or no triable issues then an order can be given in this kind of application for summary judgement. Where however, the defence raises some issues or the court feels that there may be a doubt and that the defence is shadowy, then leave can be granted on condition.
I have looked at the defence, it amounts to me a mere denial and although the Defendant reserves therein his right to apply to strike out the claim for paucity there was no application for particulars. I have heard both counsel in this matter and I feel the defence is shadowy. So I shall order that the Respondent be given leave to defend on condition that in 14 days he will have deposited the claimed amount in Court. Failure to do so the defence will be struck out and there will be judgement to the plaintiff as claimed in the plaint.
Cost of this application to the Plaintiff in any event.
Dated this 30th Day of August, 2000.
A.I. HAYANGA JUDGE