Z. NYAMU M’ARIMI v KIUNGONE INVESTMENTS [2011] KEHC 2699 (KLR)
- Court
- High Court of Kenya
- Case number
- 2699
- Citation
- [2011] KEHC 2699 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureSummary Judgment ApplicationCoramMARY KASANGO
Holding
The defendant raises a triable issue which entitles it the right to defend this case. The Chamber Summons dated 15th October 2010 is dismissed with costs to the defendant.
Facts
The plaintiff sued the defendant for payment of the balance of the purchase price and transfer of the title deed of the property. The defendant denied the plaintiff's claim and raised a criminal charge against the plaintiff.
Issues
- Whether the plaintiff has capacity to sell the suit property to the defendant.
- Whether the plaintiff made the application for summary judgment when he knew the defendant relied on the criminal charge as its defense.
Reasoning
The court found that the defendant raised a triable issue, thus the defendant must be given leave to defend. The plaintiff's application for summary judgment was premature as he knew the defendant would rely on the criminal charge.
Outcome
The Chamber Summons dated 15th October 2010 is dismissed with costs to the defendant.
Orders
- The Chamber Summons dated 15th October 2010 is dismissed with costs to the defendant.
Authorities cited
Cases cited (4)
- Moi University vs. Vishva Builders Limited
- Patel vs. E.A. Cargo Handling Services Ltd.
- Postal Corporation of Kenya vs. Inamdar & 2 Others
- Dhanjal Investments Limited vs. Shabana Investments Limited
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…