KENYA RE INSURANCE CORPORATION vs TOM OKELLO OBONDO [1998] KEHC 276 (KLR)
- Court
- High Court of Kenya
- Case number
- 276
- Citation
- [1998] KEHC 276 (KLR)
- Decided
- 16 June 1998
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for orders to strike out defence and enter judgmentCoramJ.L.A. OSIEMO
Holding
The application is allowed, bail is reinstated, and the criminal case is stayed until the application is heard and determined.
Facts
The applicant, Kenya Re Insurance Corporation, applied to have the defendant's defense struck out and judgment entered against him. The defense was that no first charge had been executed by the applicant against the property in question as per the sale agreement, and thus no amount was outstanding.
Issues
- Whether the defense raises triable issues
- Whether the application is lacking in merit
Reasoning
The court allowed the application due to the applicant's medical condition and the lack of a full trial, finding the defense unsustainable.
Outcome
Application allowed, bail reinstated, criminal case stayed
Orders
- Bail reinstated
- Stay of criminal case pending application
Remedies
- Bail reinstated
- Stay of criminal case
Authorities cited
Legislation (4)
- Civil Procedure Rules
- Civil Procedure Act
- Order VI Rule 13(1) (a) (b) and (d)
- Order XII Rule 6
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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