Sansora Wire & Nail Works Ltd v Shreeji Enterprises Kenya Ltd [2005] KEHC 1923 (KLR)
- Court
- High Court of Kenya
- Case number
- 1923
- Citation
- [2005] KEHC 1923 (KLR)
- Decided
- 18 July 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to dismiss Defendant's application for payment by instalmentsCoramFRED A. OCHIENG
Holding
The Defendant's application for payment by instalments should not be dismissed
Facts
The Plaintiff filed a suit against the Defendant for non-supply of goods and unreasonable prices. The Defendant filed an application for payment by instalments, which was withdrawn. The Plaintiff filed a motion to dismiss the Defendant's application.
Issues
- Whether the Defendant's application for payment by instalments should be dismissed
- Whether interest on the decree should continue to be paid
Reasoning
The court held that the Defendant cannot assume that interest ceased being payable, and that the parties did not agree on any instalments.
Outcome
Application dismissed
Orders
- Each party to pay its own costs
- The Plaintiff may list the application for hearing if it feels it should be disposed of
- The Defendant may discontinue the application if it feels it had served its purpose
Remedies
- Interest on the decree to continue to be paid
Authorities cited
Legislation (2)
- Civil Procedure Act
- 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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