UNGA LIMITED V JOHN KATOLO T/A SAUTI TRANSPORTERS & GENERAL ENTREPRENEURS [2012] KEHC 4543 (KLR)

Facts

The Plaintiff, UNGA Limited, filed a suit against the Defendant, John Kato, alleging that the Defendant failed to deliver wheat packed in bags from Mombasa to Eldoret as per a contract dated 7th November, 2007. The wheat was totally damaged or lost enroute.

Issues

1. Whether the Defendant’s Defence was filed out of time and without requisite documents.
2. Whether the Defendant’s Defence was a mere denial and did not raise any triable issues.
3. Whether the Defendant’s Defence was an abuse of the court process.
4. Whether the Defendant’s Defence was an abuse of the court process.
5. Whether the Defendant’s Defence was an abuse of the court process.

Reasoning

The court found that the Defendant’s Defence was not filed out of time and did raise triable issues. The court also found that the Defence was not an abuse of the court process.

Outcome

Dismissed with costs

Authorities cited