Narmadashanker Jatashanker Dave & another v Zurobi Limited [1982] KEHC 52 (KLR)
- Court
- High Court of Kenya
- Case number
- 52
- Citation
- [1982] KEHC 52 (KLR)
- Decided
- 19 November 1982
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for summary judgmentCoramJ.O. Nyarangi
Holding
Application dismissed. Defendant granted unconditional leave to defend. Costs awarded to plaintiffs.
Facts
Plaintiffs, landlords, claim breach of lease by defendant, Zurobi Limited, who sublet or assigned the property to a third party without their consent. Defendant denies subletting and claims an interest in Zurobi Quadra Sales Ltd.
Issues
- Whether the defendant has shown a triable issue to defend the suit
- Whether the defendant's denial of subletting is supported by a serious indication of an interest in Zurobi Quadra Sales Ltd.
Reasoning
Defendant's denial of subletting is supported by an interest in Zurobi Quadra Sales Ltd., raising a triable issue. However, the court risks summarily rejecting the denial, thus dismissing the application.
Outcome
Application dismissed
Orders
- Defendant granted unconditional leave to defend
Remedies
- Costs awarded to plaintiffs
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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