COAST PROJECTS LIMITED vs M.R. SHAH CONSTRUCTION (K) LIMITED [2002] KEHC 657 (KLR)
- Court
- High Court of Kenya
- Case number
- 657
- Citation
- [2002] KEHC 657 (KLR)
- Decided
- 23 August 2002
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureSummary Judgment ApplicationCoramP.M. TUTUI, AKIWUMI, Akiwumi, Danckwerts L.
Holding
The court finds this is not a proper case for summary procedure and the application fails with costs to the defendant.
Facts
The plaintiff filed a suit claiming a liquidated sum of Kshs.7,051,106/70 for retention fees due on a building contract. The defendant denied the existence of a contract and the payment of the fees. The plaintiff filed a chamber application seeking to strike out the defence and enter judgement for the plaintiff.
Issues
- Was there a contractual relationship between the parties?
- Can the court arrive at a decision based on the available documents and affidavits on the issue of limitation?
- Are there any triable issues between the parties?
- Can the orders sought issue in this case?
Reasoning
The court considers the existence of a contractual relationship and the issue of limitation. The court finds the defence raises fair and substantial answers to the main issues and the evidence is not adequate to determine the issues.
Outcome
Application fails with costs to the defendant.
Orders
- Defence be struck out.
- Judgment entered for the plaintiff as prayed in the plaint.
- Defendant to pay costs of the application.
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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