Frankline Muthomi Njogu v National Hospital Insurance Fund Sacco Society Limited [2021] KECPT 242 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 242
- Citation
- [2021] KECPT 242 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for striking out the Respondent's defenceCoramHON., KLR. Madan
Holding
The court strikes out the Respondent's defence and orders judgment in favor of the Claimant.
Facts
Frankline Muthomi Njogu is a member of National Hospital Insurance Fund Sacco Society Limited and has made monthly contributions. The Respondent filed a defence admitting the share capital but disputing the refund of Kshs.20,500/=.
Issues
- Whether the Respondent's defence raises a triable issue
- Whether the Respondent's defence is scandalous, frivolous, vexatious or an abuse of the process of the court
Reasoning
The Respondent's defence is purely a denial of the refund of Kshs.20,500/=. It does not raise any triable issues.
Outcome
Judgment in favor of the Claimant
Orders
- That the Respondent's defence be struck out
- That judgment be entered in favor of the Claimant against the Respondent as prayed for in the Statement of Claim
- That the Respondent pay costs of the Application
Remedies
- Summary Judgment
Authorities cited
Legislation (4)
- Civil Procedure Act Cap 21
- Order 51 Rule 1 Civil Procedure Rules
- Order 36 Rule (1) (1) Civil Procedure Rules
- Order 2 Rule 15 Civil Procedure Rules
Cases cited (2)
- DT Dobie & Company (Kenya) Limited - vs- Joseph Mbaria Muchina and Another CA 37 of 1978 [1980]eKLR
- Transcend Media Group Limited - vs- IEBC[2015] eKLR
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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