Saraf Limited v Augusto Arduin [2016] KECA 177 (KLR)
- Court
- Court of Appeal
- Case number
- 177
- Citation
- [2016] KECA 177 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureInterlocutory AppealCoramG.B.M. KARIUKI, Meoli, Youds
Holding
The Court dismissed the appeal and upheld the High Court's decision to strike out the appellant's defence.
Facts
The respondent filed a plaint claiming Shs.4.4 million from the appellant. The appellant denied the claim and alleged fraud. The respondent sought to strike out the appellant's defence.
Issues
- Whether a resolution of the Board of Directors of the respondent was necessary before instituting the suit against a third party.
- Whether the appellant's defence was prejudicial and caused delay in the fair trial.
Reasoning
The Court held that a resolution of the Board of Directors was necessary before the respondent could institute the suit against a third party. The Court also found that the appellant's defence was prejudicial and caused delay.
Outcome
Appeal dismissed
Orders
- The appellant's defence was struck out
Authorities cited
Cases cited (2)
- Bugerere Coffee Growers Limited v. Sebaduka and Another [1970] EA 147
- Danish Mercantile Co. Ltd v Beaument [1951] J Ch.680
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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