CONSOLIDATED BANK OF KENYA LTD V BARNABAS KARIUKI NG’ANG’A [2012] KEHC 828 (KLR)
- Court
- High Court of Kenya
- Case number
- 828
- Citation
- [2012] KEHC 828 (KLR)
- Decided
- 20 November 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for summary judgment and strike out of statement of defenceCoramL. NJAGI, MUTAVA
Holding
The court finds that the defendant has raised a prima facie triable issue and grants unconditional leave to defend.
Facts
Plaintiff, Consolidated Bank of Kenya Ltd, claims a liquidated amount of Kshs. 7,091,857/= for an outstanding balance in an asset finance loan facility. Defendant, Barnabas Kariuki Ng’anga, denies owing any money and challenges the existence of the contract and the amount claimed.
Issues
- Whether the statement of defence is a sham and should be struck out
- Whether summary judgment should be entered for the sum of Kshs. 7,091,857/=
Reasoning
The court considers that the defendant's denial of the contract and the amount claimed constitutes a triable issue, thus denying the application to strike out the statement of defence and enter summary judgment.
Outcome
The application is dismissed.
Orders
- Unconditional leave to defend
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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