Ashok Morjaria v Kenya Batteries (1981) Ltd & 2 others [2002] KEHC 1172 (KLR)
- Court
- High Court of Kenya
- Case number
- 1172
- Citation
- [2002] KEHC 1172 (KLR)
- Decided
- 6 November 2002
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out defence and enter judgmentCoramA.G. RINGERA
Holding
The application to strike out the defendants' defence is granted, and the plaintiff is awarded judgment.
Facts
The plaintiff, Ashok Morjaria, sued the defendants, Kenya Batteries (1981) Ltd and two other individuals, for recovery of a loan of Kshs.600,000. The defendants denied liability on several grounds.
Issues
- Whether the defendants' defence is scandalous, frivolous, and vexatious
- Whether the defendants are liable for the loan
Reasoning
The court found the defendants' defence to be scandalous, frivolous, and vexatious, and the loan agreement was clear and unambiguous.
Outcome
Judgment for the plaintiff
Orders
- Judgment for the plaintiff
Remedies
- Judgment for the plaintiff
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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