AFRICAN BANKING CORPORATION vs SUISE LIMITED & 2 OTHERS [2002] KEHC 610 (KLR)
- Court
- High Court of Kenya
- Case number
- 610
- Citation
- [2002] KEHC 610 (KLR)
- Decided
- 31 January 2002
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to strike out defence and for judgment
Holding
The application to strike out the defence is granted, and judgment is entered in favor of the Plaintiff.
Facts
The Plaintiff alleges that the 2nd and 3rd Defendants jointly and severally signed a joint and several guarantee dated 26th August 1997, addressed to the Plaintiff, guaranteeing the due payment of and undertaking to pay to the Plaintiff all sums including interest that may be due from the 1st Defendant to the Plaintiff. However, the guarantee is signed by George Wanyee, not the 2nd and 3rd Defendants.
Issues
- Defence's allegation that the 2nd and 3rd Defendants did not sign the guarantee
- Plaintiff's request to strike out the defence as frivolous, vexatious, and an abuse of process
Reasoning
The guarantee was signed by George Wanyee, not the 2nd and 3rd Defendants, making the defence frivolous and an abuse of process.
Outcome
Judgment in favor of the Plaintiff
Orders
- Defence's defence is struck out as frivolous, vexatious, and an abuse of process
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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