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PATRIOTIC GUARD LIMITED V CHEMELIL SUGAR COMPANY LIMITED [2012] KEHC 1599 (KLR)

[2012] KEHC 1599 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1599
Citation
[2012] KEHC 1599 (KLR)
Decided
18 October 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a summary judgment grantedCoramALI-ARONI
Holding

Summary judgment granted for the plaintiff for the sum of Kshs.3,658,745.75

Facts

The plaintiff, Patriotic Guard Limited, sued the defendant, Chemelil Sugar Company Limited, for a liquidated sum of Kshs.12,577,476.75, costs, and interest. The defendant filed a replying affidavit, a defence, and a counter-claim.

Issues

  1. Deficiency of the application for summary judgment
  2. Admission by the defendant of the sum of Kshs.3,658,745.75

Reasoning

The application was filed simultaneously with the suit, and the defendant did not file a defence. However, the defendant admitted to the sum of Kshs.3,658,745.75, making it unjust to dismiss the application.

Outcome

Appeal dismissed

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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