MASHLYN SKY LIMITED v CITY COUNCIL OF NAIROBI [2008] KEHC 368 (KLR)
- Court
- High Court of Kenya
- Case number
- 368
- Citation
- [2008] KEHC 368 (KLR)
- Decided
- 28 November 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSummary JudgmentPostureApplication for summary judgmentCoramLESIIT, J.
Holding
The Plaintiff's application should succeed and judgment be entered for the Plaintiff in the sum of Kshs. 3,296,788.
Facts
Mashlyn Sky Limited (Plaintiff) claimed the City Council of Nairobi (Defendant) owed them Kshs. 3,296,788 for goods supplied. The Defendant denied supplying the goods and claimed they were paid for.
Issues
- Whether the Defendant is truly and justly indebted to the Plaintiff.
- Whether the Defendant raises bonafide triable issues.
Reasoning
The Defendant's defence was inconsistent and evasive, failing to provide a reasonable defence to the Plaintiff's claim.
Outcome
Plaintiff's application allowed
Orders
- Judgment entered for the Plaintiff in the sum of Kshs. 3,296,788.
- Plaintiff gets costs of the application and of the entire suit with interest on judgment at court rates.
Remedies
- Judgment for the Plaintiff in the amount claimed.
- Plaintiff's costs of the application and suit.
Authorities cited
Cases cited (2)
- JIWAJI vs. SAHEB & ANOR. [1990] KLR 732.
- Magunga General Stores vs. Pepco Distributors Limited [1988-92] 2 KAR 89.
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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