[2002] KEHC 729 (KLR)
The court found that the defendant had made a clear and specific admission of liability for the sum claimed by the plaintiff. There was no representation for the defendant at the hearing, and service of the application had been properly effected. The court held that, in the face of a glaring admission and absence of...
Source-derived case information.
- Citation
- [2002] KEHC 729 (KLR)
- Parties
- Plaintiff: Treadsetters Tyres Ltd.; Defendant: Feroz & Brothers Ltd.
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 214 of 2001
- Procedural Posture
- Civil Case / Ruling on Application for Judgment on Admission
- Outcome
- application allowed; judgment entered for the plaintiff on admission
- Legal Topics
- Judgment on Admission, Summary Judgment, Default of Appearance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Treadsetters Tyres Ltd.
Plaintiff
Feroz & Brothers Ltd.
Defendant
Procedural Posture
Civil Case / Ruling on Application for Judgment on Admission
Legal Issues
- 1 Whether the plaintiff is entitled to judgment on admission for the sum of Kshs.523,288.60.
- 2 Whether the defendant's request for payment by instalments affects the entry of judgment.
Ratio Decidendi
The court found that the defendant had made a clear and specific admission of liability for the sum claimed by the plaintiff. There was no representation for the defendant at the hearing, and service of the application had been properly effected. The court held that, in the face of a glaring admission and absence of any contest, there was no reason not to grant the application for judgment on admission. Accordingly, judgment was entered for the plaintiff for the admitted sum, with costs and interest as prayed in the plaint.
Court Disposition
application allowed; judgment entered for the plaintiff on admission
Orders
- Judgment is entered for the plaintiff for Kshs.523,288.60 as against the defendant.
- The plaintiff is awarded costs and interest as prayed in the plaint.
Full Case Text
Judgment text and source record
11 paragraphs
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL CASE NO. 214 OF 2001
TREADSETTERS TYRES LTD. …………………………….. PLAINTIFF
- VERSUS -
FEROZ & BROTHERS LTD. ……………………………… DEFENDANT
R U L I N G
The plaintiff prays for judgement to be entered as against the Defendant for the sum of Kshs.523,288. 60 on admission. The application by motion dated 21st June, 2001 is brought under the Provisions of order 12 rule 6 of the Civil Procedure Rules.
When the motion came up for hearing there was no appearance on the part of the defendant. After satisfying myself service of the application had been properly effected and an affidavit of service to that effect filed I proceeded to hear the same.
In support of the application is a statement of admission filed by the defendant on 15th June, 2001. At paragraph 2 the admission is specific for a sum of Kshs.523,288/= and in paragraph 3 they pray to be allowed payment by instalments.
There being no representation for the defendant and on the face of a glaring admission, I find no reason not to allow the application which I hereby allow with costs and interest to the plaintiff as prayed in the plaint Dated and Delivered at Mombasa this 1st day of March, 2002. P.M. TUTUI COMMISSIONER OF ASSIZE