POWER MIKE SECURITY SERVICES LTD v GOTHIC INVESTMENT LIMITED [2011] KEHC 305 (KLR)
- Court
- High Court of Kenya
- Case number
- 305
- Citation
- [2011] KEHC 305 (KLR)
- Decided
- 27 September 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for summary judgment and costsCoramL. NJAGI
Holding
The Court finds that the Defendant’s amended defence does not disclose a reasonable defence in law and that summary judgment should be entered in favor of the Plaintiff.
Facts
The Plaintiff, Power Mike Security Services Ltd., claims to have provided security services to the Defendant, Gothic Investment Limited, from 2003 to 2007. The Plaintiff alleges that the Defendant owes them Kshs.4,941,600 for these services, with interest at 10% per month. The Defendant denies this and has filed an amended defence.
Issues
- Whether the Defendant’s amended defence discloses a reasonable defence in law.
- Whether summary judgment should be entered in favor of the Plaintiff.
- Whether the Plaintiff is entitled to costs of the application and the suit.
Reasoning
The Court rules that the Defendant’s defense is a sham and does not meet the legal requirements for a reasonable defence.
Outcome
The application is granted.
Orders
- The Defendant’s amended defence is struck out.
- Summary judgment is entered in favor of the Plaintiff.
- The Plaintiff is awarded costs of the application and the suit.
Remedies
- Summary judgment in favor of the Plaintiff.
- Award of costs to the Plaintiff.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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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