Rosemary Kemunto Obuya v National Hospital Insurance Fund Sacco Society Limited [2021] KECPT 260 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 260
- Citation
- [2021] KECPT 260 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for determination to strike out the Respondent's defence and order for summary judgmentCoramHon., KLR., Madan
Holding
The court finds that the Respondent's defence does not raise triable issues and is not scandalous, frivolous, vexatious, unintelligible, or sham.
Facts
Claimant is seeking to recover Kshs. 504,000/= from the Respondent, alleging that the Respondent is indebted to the Claimant. The Respondent has denied the claim and raised a defence.
Issues
- Whether the Respondent's defence raises triable issues
- Whether the Claimant is entitled to summary judgment
Reasoning
The court applies Order 13 Rule 2 Civil Procedure Rules 2010, stating that the Respondent's defence admits the Claimant's share and seeks summary judgment, which is not supported by the law governing striking out pleadings.
Outcome
The court denies the application to strike out the Respondent's defence and order for summary judgment.
Orders
- The court denies the application to strike out the Respondent's defence and order for summary judgment.
Authorities cited
Legislation (3)
- Civil Procedure Act Cap 21
- Order 13 Rule 2 Civil Procedure Rules 2010
- Order 2 Rule 15 Civil Procedure Rules 2010
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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