Pcea Tumutumu Hospital v Medicomp Techno Services Ltd [2013] KEHC 1892 (KLR)
- Court
- High Court of Kenya
- Case number
- 1892
- Citation
- [2013] KEHC 1892 (KLR)
- Decided
- 26 September 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out statement of defence and for judgmentCoramJ. WAKIAGA
Holding
The application to strike out the statement of defence is dismissed, and the main suit should be fixed for hearing.
Facts
The Plaintiff/Applicant alleged that the Defendant/Respondent filed a statement of defence that was scandalous, frivolous and vexatious, and that the Plaintiff failed to pay the full purchase price for an oxygen plant.
Issues
- Whether the Plaintiff had legal capacity to enter into a contract with the Defendant.
- Whether the Plaintiff has legal capacity to sue and to be sued.
- What were the terms of the contract entered into between the Plaintiff and the Defendant and whether the Plaintiff fulfilled the terms thereof.
- Whether the Defendant has breached the terms of the said agreement.
Reasoning
The court found that the defence raises triable issues and that the Plaintiff has not fulfilled the terms of the contract.
Outcome
Application dismissed, main suit fixed for hearing.
Orders
- Application to strike out statement of defence dismissed.
- Main suit should be fixed for hearing.
Authorities cited
Cases cited (2)
- D.T. DOBIE Co. (k) LTD v MUCHINA [1982] KLR1
- GULANA & another v JIRONGO NAIROBI HIGH COURT CIVIL CASE NO. 393 OF 2003
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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