Sweetbite Manufacturers Ltd & 2 others v Fidelity Commercial Bank Limited [2005] KEHC 2429 (KLR)
- Court
- High Court of Kenya
- Case number
- 2429
- Citation
- [2005] KEHC 2429 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks to review a decree and allow a counterclaimCoramF. AZANGALALA
Holding
The Application is dismissed with costs
Facts
The Plaintiffs are indebted to the Defendant on a bills discounting facility, and the Defendant seeks to present a counterclaim from a previous suit (HCCC No.1765 of 1997) that was withdrawn before the counterclaim was filed.
Issues
- Discovery of new evidence
- Review of the decree
- Consideration of the counterclaim
Reasoning
The Defendant's grounds for review are not supported by the facts and the court finds no new evidence or sufficient reason for review. The counterclaim is dismissed as it was not separately particularized.
Outcome
Defendant's application dismissed
Orders
- Counterclaim dismissed
- Application dismissed with costs
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…