Registered Trustee of the Diocese of Mt. Kenya South Aglican Church of Kenya v Charles Wachira Ngundo [2005] KEHC 3270 (KLR)
- Court
- High Court of Kenya
- Case number
- 3270
- Citation
- [2005] KEHC 3270 (KLR)
- Decided
- 27 July 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureSummary Judgment MotionCoramFRED A. OCHIENG
Holding
Defendant's defense is not a proper candidate for striking out, nor is this a proper case for the grant of summary judgment.
Facts
The Plaintiff appointed the Defendant as an agent to purchase a property. The Plaintiff remitted Kshs.11,958,000 towards the purchase, but was unable to complete the transaction due to lack of funds. The Defendant retained Kshs.9,958,000 on behalf of the Plaintiff, promising to refund it within three months.
Issues
- Defendant's liability for retaining funds
- Interest on the retained funds
Reasoning
The court finds that the defense raises triable issues and thus cannot be struck out. The Plaintiff's claim for interest is not supported by evidence.
Outcome
Motion denied
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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