Mount Kenya Bottlers Ltd v Murungi Baituru Turuchiu [2007] KEHC 314 (KLR)
- Court
- High Court of Kenya
- Case number
- 314
- Citation
- [2007] KEHC 314 (KLR)
- Decided
- 8 June 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for Summary JudgmentCoramW. OUKO
Holding
The application is dismissed with costs as the claim is partly for an unliquidated claim and the defence is not a sham.
Facts
Mount Kenya Bottlers Ltd claimed Kshs.1,478,233.85 for beverage supplied to Murungi Baituru Turuchiu, but Turuchiu denied receiving the supplies and claimed no agreement existed.
Issues
- Whether the claim is for a liquidated demand
- Whether the defence is a sham
- Whether the respondent is involved in the agreement
Reasoning
The court ruled that the claim is partly for an unliquidated claim and the defence is not a sham, thus the application lacks merit.
Outcome
Application dismissed with costs
Orders
- The respondent will have leave to defend
Authorities cited
Cases cited (2)
- Order 35 of the Civil Procedure Rules
- Gurbaksh Sing and Sons Ltd V Njiri Emporium Ltd (1985) KLR 695
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…