[2000] KEHC 422 (KLR)
The court found that the defence filed by the defendant was frivolous, vexatious, and intended only to delay the fair trial of the suit. The defence was a sham and raised no triable issues. Consequently, the court exercised its discretion to strike out the defence and enter judgment in favour of the plaintiff as...
Source-derived case information.
- Citation
- [2000] KEHC 422 (KLR)
- Parties
- Plaintiff: United Finance Co Ltd; Defendant: Matiko Agoye Akedi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 246 of 1999
- Procedural Posture
- Civil Case / Ruling on Application to Strike Out Defence and Enter Judgment
- Outcome
- Application allowed. Defence struck out. Judgment entered for the plaintiff as prayed in the plaint. Costs to the plaintiff.
- Legal Topics
- Striking Out Defence, Summary Judgment, Frivolous and Vexatious Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
United Finance Co Ltd
Plaintiff
Matiko Agoye Akedi
Defendant
Procedural Posture
Civil Case / Ruling on Application to Strike Out Defence and Enter Judgment
Legal Issues
- 1 Whether the defendant's defence is frivolous, vexatious, and intended only to delay the fair trial of the action.
- 2 Whether the defence raises any triable issues.
- 3 Whether the plaintiff is entitled to judgment as prayed in the plaint.
Ratio Decidendi
The court found that the defence filed by the defendant was frivolous, vexatious, and intended only to delay the fair trial of the suit. The defence was a sham and raised no triable issues. Consequently, the court exercised its discretion to strike out the defence and enter judgment in favour of the plaintiff as prayed in the plaint. The absence of any response or attendance by the defendant or their advocates further supported the conclusion that the defence was not bona fide.
Court Disposition
Application allowed. Defence struck out. Judgment entered for the plaintiff as prayed in the plaint. Costs to the plaintiff.
Orders
- The defence filed by the defendant is struck out.
- Judgment is entered in favour of the plaintiff against the defendant as prayed in the plaint.
Full Case Text
Judgment text and source record
16 paragraphs
High Court Of Kenya At Nairobi
Milimani Commercial Courts
Civil Case No. 246 Of 1999
United Finance Co Ltd
v
Matiko Agoye Akedi
RULING
October 19, 2000 T Mbaluto, Judge delivered the following ruling. The plaintiff has brought this application for orders to strike out the defence and for judgment to be entered against the defendant as prayed in the plaint. The application is based on the following grounds:-
“(a) That the said Defence is frivolous, and vexatious and only intended to delay the fair trial of the action.
(b) The statement of defence is not an answer to the Plaintiff’s claim herein the same being evasive.
(c) That the Defendant has expressly or impliedly admitted the Plaintiff’s claim herein.”
The application is supported by an affidavit sworn on February 18, 2000 by B M Ibutiti, the General Manager of the plaintiff company. The application together with a letter indicating that the application would be coming for hearing on October 16, 2000 was sent by registered post to the defendant’s advocates who have however not made any response; neither for that matter did they attend court on the date fixed for hearing of the application.
Having perused the defence filed by the defendant as well as the application by the plaintiff as well as the annexures thereto and also having considered submissions made at the hearing of this application by learned counsel for the applicant, I agree with the plaintiff that the defence filed by the defendant is frivolous, vexatious and only intended to delay the fair trial of the suit. It is clearly a sham which raises no triable issues. For those reasons, it is struck out and judgment entered in favour of the plaintiff against the defendant as prayed in the plaint. The defendant will bear the plaintiff’s costs of this application.
Delivered on October 19, 2000
T Mbaluto,
Judge