Delons Limited v Express Diaries Limited [2000] KEHC 100 (KLR)
- Court
- High Court of Kenya
- Case number
- 100
- Citation
- [2000] KEHC 100 (KLR)
- Decided
- 16 October 2000
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out the defendant's defence and for judgment in favor of the plaintiffCoramT Mbaluto
Holding
The application is dismissed as the defendant's defence is not a sham and the plaintiff has not provided sufficient evidence to support its claim.
Facts
The plaintiff, Delons Limited, claims transport charges for milk and milk products provided to the defendant, Express Diaries Limited, in 1998/1999. The defendant denies the claim and does not provide any evidence to support the plaintiff's claim.
Issues
- Whether the defendant's defence is a sham
- Whether the plaintiff has provided sufficient evidence to support its claim
Reasoning
The judge found that the defendant's denial of the claim is valid and the plaintiff has not provided any evidence to verify the alleged agreement or signed delivery notes.
Outcome
Application dismissed
Orders
- No orders as to costs
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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