SYRONDA LIMITED vs SCHOOL EQUIPMENT PRODUCTION UNIT [2001] KEHC 623 (KLR)
- Court
- High Court of Kenya
- Case number
- 623
- Citation
- [2001] KEHC 623 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out defence and for judgmentCoramT. MBALUTO
Holding
The defendant's defence is struck out and judgment entered in favor of the plaintiff for the sum of Shs.1,700,000.
Facts
The plaintiff, Syronda Limited, sold and delivered goods worth Shs.1,700,000 to the defendant, School Equipment Production Unit, but the defendant failed to pay. The defendant denied owing the plaintiff the sum claimed and claimed that the plaintiff frustrated the contract by performing only part of it.
Issues
- Whether the defendant's defence is scandalous, frivolous or vexatious.
- Whether the defendant's defence is an abuse of the process of the court.
Reasoning
The court found the defendant's defence to be a sham and not a good defence, as it failed to show a valid reason for non-payment.
Outcome
Judgment in favor of the plaintiff for Shs.1,700,000.
Orders
- Judgment entered in favor of the plaintiff for Shs.1,700,000.
- Defendant to bear plaintiff's costs of the suit and of the application.
Remedies
- Judgment for the plaintiff for the sum of Shs.1,700,000.
- Defendant to pay interest on the judgment at commercial rates.
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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