Firestone East Africa (1969) LTD. v Buckleys Tyre Service Station LTD. & 2others [1996] KECA 210 (KLR)
- Court
- Court of Appeal
- Case number
- 210
- Citation
- [1996] KECA 210 (KLR)
The appeal is dismissed. The court found that the respondent's defence did not disclose a reasonable defence and the counter-claim did not disclose a reasonable cause of action. The court also rejected the application to strike out the defence.
Facts
The appellant, Firestone East Africa (1969) Limited, sought to strike out the respondent's defence and counter-claim, alleging that the respondent had admitted its claim in a letter dated March 3, 1988. The respondent, Buckleys Tyre Service Station Limited and Samuel Muthia Magua, disputed the claim.
Issues
- Whether the respondent's defence disclosed reasonable issues
- Whether the respondent's counter-claim disclosed reasonable cause of action
- Whether the appellant's application for summary judgment was successful
Reasoning
The court ruled that the respondent's defence was not a bare denial and that the counter-claim did not disclose a reasonable cause of action. The court found that the appellant failed to demonstrate that the respondent had admitted its claim.
Outcome
Appeal dismissed
Orders
- The notice of motion to strike out the respondent's defence and counter-claim was dismissed with costs to the respondents
Authorities cited
Cases cited (1)
- RAGHBIR SINGH CHATTE V NATIONAL BANK OF KENYA LTD (Civil Appeal No. 50 of 1996) (Unreported)
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