BALUBHAI PURSHOTTAMDAS PATEL V DILIPKUMAR BABUBHAI PATEL & ANOTHER [2009] KEHC 2480 (KLR)
- Court
- High Court of Kenya
- Case number
- 2480
- Citation
- [2009] KEHC 2480 (KLR)
- Decided
- 5 June 2009
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to strike out the 1st Defendant's defence with costsCoramLESIIT, J.
Holding
The 1st Defendant's defence raises triable issues and is not frivolous, vexatious, scandalous, or an abuse of the court process. The 1st Defendant is granted leave to defend the suit.
Facts
The Plaintiff, Balubhai Patel, claims that the 1st Defendant, Dilipkumar Patel, owes him Kshs.12,841,071/83 for a loan from Giro Commercial Bank. The 1st Defendant denies these claims and filed a defence.
Issues
- Whether the 1st Defendant's defence is frivolous, vexatious, scandalous, or an abuse of the court process.
- Whether the Plaintiff's claim is true and the 1st Defendant is liable to pay the loan.
Reasoning
The court found that the 1st Defendant's defence raised triable issues and that the Plaintiff's claim is not plain and obvious. The court granted leave to defend the suit.
Outcome
The 1st Defendant's defence is not struck out.
Orders
- The 1st Defendant is granted leave to defend the suit.
- The costs of the Plaintiff's application are in the cause.
Authorities cited
Cases cited (2)
- WENLOCK vs. MALONEY AND OTHERS [1965] WLR 1238
- D.T. Dobie & Co. Kenya Limited vs. Muchina [1984] KLR 1
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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