KARTAR SINGH DHUPAR & Co. LTD V GREYSTONE WORKS LTD [2012] KEHC 5927 (KLR)
- Court
- High Court of Kenya
- Case number
- 5927
- Citation
- [2012] KEHC 5927 (KLR)
- Decided
- 9 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a summary judgment granted by the Resident MagistrateCoramD.A. ONYANCHA
Holding
The court finds no merit in the appeal and dismisses it with costs.
Facts
The Plaintiff filed a plaint seeking judgment for unpaid balance of Ksh.81,613/75 for building stones sold and delivered to the Defendant in 2002. The Defendant denied owing the Plaintiff the sum claimed and denied ordering the stones.
Issues
- Whether the trial court erred in not finding triable issues in the Defendant's defence
- Whether the trial court erred in granting summary judgment without finding triable issues
Reasoning
The trial court entered summary judgment based on the Plaintiff's sworn facts, which the Defendant did not challenge with credible sworn facts. The court held that a mere denial without more is not a sufficient defence.
Outcome
Appeal dismissed with costs
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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