K-REP BANK LIMITED v POST & TELECOMMUNICATIONS EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LIMITED [2011] KEHC 785 (KLR)
- Court
- High Court of Kenya
- Case number
- 785
- Citation
- [2011] KEHC 785 (KLR)
- Decided
- 11 November 2011
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCommercial & TaxPostureApplication for striking out of Defence and CounterclaimCoramM. G. MUGO
Holding
The application for striking out of the Defendant's Statement of Defence and Counterclaim is granted.
Facts
The Plaintiff, K-REP Bank Limited, seeks orders for the striking out of the Defendant's Statement of Defence and Counterclaim, and for judgment against the Defendant in the sum of KShs. 45,872,104.10 with interest.
Issues
- Defendant's indebtedness to the Plaintiff
- Sham and frivolous nature of the Statement of Defence and Counterclaim
- Abuse of court process
- Delay in determination of the matter
- Prejudice to the Plaintiff's interests
Reasoning
The court found the Defendant's Statement of Defence and Counterclaim to be a sham, frivolous, and intended to delay the matter.
Outcome
Application granted
Orders
- Defendant's Statement of Defence and Counterclaim struck out
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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