Mathew K. Birgen v Ezekiel Komen (Civil Appeal 83 of 2005) [2006] KEHC 412 (KLR) (8 December 2006) (Judgment)

Facts

Ezekiel Komen sued Mathew Birgen in the Chief Magistrate's Court for K. Shs. 102,000/-, claiming Birgen had breached a contract to purchase his bar business in Kaburuwo, Eldoret. Komen moved for summary judgment, which was granted.

Issues

1. Whether the trial magistrate erred in failing to dismiss the respondent's application for summary judgment.
2. Whether the trial magistrate erred in failing to grant the appellant unconditional leave to defend the suit.
3. Whether the trial magistrate erred in failing to find that the appellant's defense raised triable issues.
4. Whether the trial magistrate erred in failing to find that there was insufficient evidence to warrant summary procedure.
5. Whether the trial magistrate erred in failing to find that the appellant sufficiently rebutted the respondent's application for summary judgment.
6. Whether the trial magistrate erred in failing to find that the appellant made no admission of liability.

Reasoning

The court found that the respondent's claim was a liquidated demand without interest, and the appellant failed to show he should have been given leave to defend the suit. The defense raised general denials, not triable issues.

Outcome

Appeal dismissed