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MANJEET SINGH & ASSOCIATES v PIONEER HOLDINGS (AFRICA) LTD [2012] KEHC 545 (KLR)

[2012] KEHC 545 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
545
Citation
[2012] KEHC 545 (KLR)
Decided
14 December 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks to strike out Plaintiff's application and final order is in favor of DefendantCoramJ. B. HAVELOCK
Holding

Defendant's Application is allowed, Plaintiff's application and pleadings are struck out, Defendant is awarded the amount claimed in the Counterclaim

Facts

Plaintiff seeks payment for architectural services, Defendant denies Plaintiff's entitlement and claims a deposit was paid but services were not provided

Issues

  1. Plaintiff's status as a registered architect
  2. Validity of the oral agreement

Reasoning

Court finds Plaintiff is not a registered architect and there is no evidence of services rendered. Plaintiff's admission and description in the pleadings are not sufficient to counter Defendant's evidence.

Outcome

Defendant's Application is allowed, Plaintiff's application and pleadings are struck out, Defendant is awarded the amount claimed in the Counterclaim

Orders

  • Plaintiff's application and pleadings are struck out
  • Defendant is awarded the amount claimed in the Counterclaim

Authorities cited

Legislation (2)
  • Architects and Quantity Surveyors Act (Cap 525)
  • Civil Procedure Act
Cases cited (2)
  • Mapis Investments case
  • Bowmaker case
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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