REGINA WAMUYU GITHAIGA v FIRST LOTTO LIMITED [2007] KEHC 3800 (KLR)
- Court
- High Court of Kenya
- Case number
- 3800
- Citation
- [2007] KEHC 3800 (KLR)
- Decided
- 30 April 2007
The court declines to grant the summary judgment motion and dismisses the application with costs to the defendant.
Facts
The plaintiff purchased a TOTO 6/49 lottery ticket for Kshs.65.00 on December 3, 2005. The ticket won the jackpot of Kshs.12,039,021.00. The plaintiff claimed the prize but the defendant failed to pay it. The plaintiff filed a plaint for specific performance and damages.
Issues
- Verification of the winning ticket
- Jurisdiction of the court
- Validity of the lottery ticket
Reasoning
The court identifies several issues that require further investigation, including the verification of the winning ticket, the jurisdiction of the court, and the validity of the lottery ticket. The plaintiff's case is not a plain and obvious one, and the defendant has shown a bona fide triable issue.
Outcome
Application dismissed with costs to the defendant
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