RAJNI SHAH vs SUPERMARINE HANDLING SERVICES LTD. [2003] KEHC 845 (KLR)
- Court
- High Court of Kenya
- Case number
- 845
- Citation
- [2003] KEHC 845 (KLR)
- Decided
- 27 August 2003
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeSummary JudgmentPostureApplication for Summary JudgmentCoramA.G.A. ETYANG
Holding
Summary judgment is granted for the plaintiff in the sum of KSh.1,200,000/-, plus interest and costs.
Facts
RJNI SHAH filed a civil suit against SUPERMARINE HANDLING SERVICES LTD. alleging that he had paid Sh.3,111,500/- on behalf of the defendant. The defendant denied the claim and raised a defence based on a previous suit (HCCC NO.365/2000).
Issues
- Whether the plaintiff's claim is clear and plain for any argument.
- Whether the defendant's defence is a sham.
- Whether there is a bona fide triable issue that would entitle the defendant to leave to defend.
Reasoning
The court found that the defendant admitted its indebtedness to the plaintiff in the sum of Sh.1,200,000/-. There is a bona fide triable issue regarding the balance of the claim.
Outcome
Summary judgment granted for the plaintiff in the sum of KSh.1,200,000/-.
Orders
- Defendant given unconditional leave to defend the balance of the plaintiff's claim of Sh.1,911,500/-.
- Suit set down for hearing to determine the balance of the claim.
Remedies
- Judgment for the plaintiff in the sum of KSh.1,200,000/-.
- Interest at court rates till payment in full.
- Costs awarded to the plaintiff.
Authorities cited
Legislation (1)
- Order 35 Civil Procedure Rules
Cases cited (2)
- CONTINENTAL BUTCHERY LTD. VS . NTHIWA CIVIL APPEAL NO.35 OF 1977 Nairobi (MADAN, WAMBUZI & LAW JJA)
- MAGUNGA GENERAL STORES VS. PEPCO DISTRIBUTORS LTD (1987)2 KAR 89
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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