CALTEX OIL KENYA LIMITED V CRESCENT CONSTRUCTION COMPANY LIMITED [2003] KEHC 3 (KLR)
- Court
- High Court of Kenya
- Case number
- 3
- Citation
- [2003] KEHC 3 (KLR)
- Decided
- 7 January 2003
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypecivilPosturemotion to dismissCoramG.K. KIMONDO
Holding
The court grants the defendant unconditional leave to defend, dismissing the plaintiff's notice of motion.
Facts
The plaintiff filed a notice of motion for judgment against the defendant in the sum of Kshs 4,062,165.97, along with interest and costs. The plaintiff claims Kshs 26,749,366.52, while the defendant counterclaims Kshs 50,387,158.77. The parties entered into a written consent on 6th February 2007, and a further consent on 19th May 2011, instructing PKF Kenya to determine the disputed sum.
Issues
- plaintiff's claim for Kshs 4,062,165.97 and related costs
- defendant's counterclaim and admission of liability
Reasoning
The court finds that the defense and counterclaim are not hopeless or a sham, and grants the defendant's leave to defend.
Outcome
motion dismissed
Orders
- granting defendant unconditional leave to defend
Authorities cited
Cases cited (5)
- American Cyanamid case
- Nails & Steel Products Limited Vs Baricho East Enterprises Limited
- Esther Wamaitha Njihia Vs Safaricom Limited
- Total Uganda Limited Vs Thummin Trading Company
- Mirage Lite Limited Vs Safaricom Limited
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.
Loading judgment…