PIONEER HOLDINGS (AFRICA) LIMITED v A.N. ISMAIL , Chairman Kenya Institute of Bankers & 2 others [2006] KEHC 3423 (KLR)
- Court
- High Court of Kenya
- Case number
- 3423
- Citation
- [2006] KEHC 3423 (KLR)
- Decided
- 25 July 2006
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out the defendant's defence and seek judgment as prayed in the plaintCoramFRED A. OCHIENG
Holding
The application to strike out the defendant's defence is dismissed with costs
Facts
The defendant was a tenant in Pioneer House, which was the subject of a Further Lease dated 28th March 1995. On 7th August 1998, a bomb blast occurred near Pioneer House, causing damage to the building and making the premises inhospitable.
Issues
- Whether the defendant's defence was a sham and should be struck out
- Whether the defendant's tenancy was terminated due to the bomb blast
Reasoning
The court found that the defendant's defence did not amount to a sham and that the plaintiff failed to prove that the defendant's tenancy was terminated due to the bomb blast.
Outcome
Application dismissed
Authorities cited
Cases cited (2)
- GENERAL ACCIDENT INSURANCE CO. (K) LTD V MUTUMA [1995 – 1998] 1 EA. 65
- D.T. DOBIE AND COMPANY KENYA LIMITED V MUCHINA [1982] KLR 1
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