Aberdare Wire Products Limited v Tarmal Wire Products Limited (Civil Appeal (Application) E154 of 2021) [2025] KECA 1154 (KLR) (20 June 2025) (Ruling)

Facts

The parties were in a trading relationship. The respondent, Tarmal Wire Products Limited, claimed that the applicant, Aberdare Wire Products Limited, defaulted in payment for goods supplied on credit. The applicant denied the claim and applied to strike out the defence as a sham and an abuse of the court process.

Issues

1. Whether the appeal is arguable and has high chances of success
2. Whether the application meets the threshold in Stanley Kangethe Kinyanjui vs. Tony Ketter & 5 others [2013] eKLR
3. Whether the appeal will be rendered nugatory if the Court fails to grant the orders sought

Reasoning

The Court found that the appeal is not frivolous but dismissed it as the applicant has not demonstrated that the appeal will be rendered nugatory if the orders sought are declined.

Outcome

Application dismissed

Authorities cited