City Printing Works (Kenya) Ltd v Peter S. Bailey [1977] KECA 18 (KLR)
- Court
- Court of Appeal
- Case number
- 18
- Citation
- [1977] KECA 18 (KLR)
- Decided
- 21 April 1977
The appeal is dismissed with costs. The judge had grave doubts about the bona fides of the defendant's new defence and had a discretion to impose conditions. The defendant is granted leave to defend conditionally.
Facts
The plaintiff, Peter S. Bailey, claimed an annual bonus of Shs 24,000 from the defendant, City Printing Works (Kenya) Ltd, based on an agreement made on or about 29th August 1973. The defendant admitted the facts pleaded in the plaint but denied working as a general manager and claimed there was no agreement on gratuity.
Issues
- Whether the defendant's application for summary judgment should have been granted
- Whether the defendant's new defence in its affidavit was genuine and bona fide
Reasoning
The judge considered the conflicts between the defendant's defence and its affidavit, finding the defendant's bona fides were clouded with strong doubt. He decided to grant conditional leave to defend rather than summarily dismissing the case.
Outcome
Appeal dismissed with costs
Orders
- The defendant is granted leave to defend conditionally subject to depositing Shs 24,000 within 20 days or signing judgment as prayed against the defendant together with costs for this application; otherwise costs in the cause claim
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