CHRISTOPHER ORINA KENYARIRI v BARCLAYS BANK OF KENYA LIMITED & another [2012] KEHC 3444 (KLR)
- Court
- High Court of Kenya
- Case number
- 3444
- Citation
- [2012] KEHC 3444 (KLR)
- Decided
- 4 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePlaintiff's Motion to Strike Out DefencesCoramA. MABEYA
Holding
The Plaintiff's motion to strike out the defences of the Defendants is granted.
Facts
The Plaintiff had an account with the 1st Defendant, which he fully repaid. The 1st Defendant threatened to list the Plaintiff with a Credit Reference Bureau (CFC) as a defaulter, which the Plaintiff claimed was incorrect. The 1st Defendant admitted to the error and the Plaintiff's home loan application was declined by CFC Stanbic Bank.
Issues
- Defendants' defences are scandalous, vexatious, a sham, and meant to delay a fair trial.
- The 1st Defendant's actions were in breach of the law and caused financial and reputational harm to the Plaintiff.
Reasoning
The court found the Defendants' actions to be scandalous, vexatious, and a sham, and that the Plaintiff's claims were substantiated.
Outcome
Motion granted
Orders
- Defendants' defences are struck out
Remedies
- The Plaintiff is awarded Kshs.20 million in damages and seeks public apology and an order for the Defendants to cease their malicious acts.
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…