Rockster Investment Limited & 4 others v Bofa Investment Limited [2017] KEELC 3178 (KLR)
- Court
- Environment & Land Court
- Case number
- 3178
- Citation
- [2017] KEELC 3178 (KLR)
- Decided
- 21 April 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a lower court decision
Holding
The defence and counterclaim filed by the Defendant are struck out, and judgement is entered for the Plaintiffs as prayed in the plaint.
Facts
The Plaintiffs claim that the Defendant received Kshs 15,000,000 as a deposit for individual apartments, but the Defendant denies the claim and argues that the contract was frustrated by third parties and that the Plaintiffs are in breach of the contract.
Issues
- Whether the Application as framed is incompetent and/or incurably defective
- Whether the Applicants are entitled to the Orders sought
Reasoning
The Defendant's defence is a mere general denial without any triable issue, and the Plaintiffs' claim is liquidated and enforceable.
Outcome
Judgement entered for the Plaintiffs
Orders
- The defence and counterclaim filed herein are hereby struck out
- Judgement is hereby entered for the Plaintiffs against the Defendant as prayed in the plaint
Remedies
- Judgement in favour of the Plaintiffs
Authorities cited
Cases cited (2)
- Magunga General Stores -vs- Pepco Distributors Ltd (1987) 2KLR 150
- Thomas Ratemo Ongeri & 2 others -vs- Zachariah Isaboke Njaata & Another Kisii High Court Environment and Land Court Case No. 95 of 2004 (2014) eKLR Okong’o, J.
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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