Maina & 9 others v Kafahamu (Tribunal Case E683 (414) of 2022) [2023] KECPT 737 (KLR) (31 August 2023) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 737
- Citation
- [2023] KECPT 737 (KLR)
- Decided
- 31 August 2023
AI Summary
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TypeTribunal CasePostureAppeal from original trialCoramHON. BEATRICE KIMEMIA, HON. BEATRICE SAWE, HON. FRIDAH LOTUIYA, HON. PHILIP GICHUKI, HON. MICHAEL CHESIKAW, HON. PAUL AOL
Holding
The Tribunal dismissed the application and struck out the Respondent's statement of defence, finding it a total sham and bad in law.
Facts
Maina and 9 others filed a notice of motion application against Kafahamu, seeking to strike out the Respondent's statement of defence and enter judgment in their favor.
Issues
- Whether the Respondent's statement of defence raises any triable issues.
- Whether the Respondent's statement of defence is a mere denial or raises triable issues.
Reasoning
The Tribunal found that the Respondent's statement of defence did not raise any triable issues and was a mere denial, thus striking it out.
Outcome
The application was dismissed with costs.
Orders
- The Respondent's statement of defence was struck out.
- The application was dismissed with costs.
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