Ashton Apparel (EPZ) Limited v Royal Garment Industries EPZ Limited [2013] KEHC 2302 (KLR)
- Court
- High Court of Kenya
- Case number
- 2302
- Citation
- [2013] KEHC 2302 (KLR)
- Decided
- 20 September 2013
The court dismissed the Plaintiff's summary judgment motion and granted the Defendant's preliminary objection. The court ordered the Plaintiff to file a valid verifying affidavit within 14 days or the case will be struck out.
Facts
The Plaintiff, Ashton Apparel (EPZ) Limited, claims US$86,000 from the Defendant, Royal Garment Industries EPZ Limited, for goods supplied in 2011. The Defendant filed a Memorandum of Appearance and raised objections to the Plaintiff's summary judgment application.
Issues
- Prematurity of the Plaintiff's summary judgment application
- Defendant's objection to the jurisdiction of the court
- Plaintiff's failure to provide a valid verifying affidavit
Reasoning
The court found the Plaintiff's statement of account insufficient and lacking supporting documents. The court also noted the Plaintiff's failure to provide a valid verifying affidavit.
Outcome
Summary Judgment Motion dismissed, Preliminary Objection granted
Orders
- Plaintiff granted leave to file a valid verifying affidavit within 14 days
- If Plaintiff fails to file the affidavit, the case will be struck out with costs to the Defendant
- Defendant's Preliminary Objection is struck out with no costs
Remedies
- Plaintiff granted leave to file a valid verifying affidavit
- Defendant's Preliminary Objection is granted
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
Cases cited (1)
- A. S. SHEIK TRANSPORTERS LTD & ANOTHER -VS- BARCLAYS BANK OF KENYA LTD & 3 OTHERS HCCC NO. 335 OF 2011
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