Equitorial Commercial Bank Ltd v Jodam Engineering Works Limited & 2 others [2014] KEHC 6204 (KLR)
- Court
- High Court of Kenya
- Case number
- 6204
- Citation
- [2014] KEHC 6204 (KLR)
- Decided
- 20 March 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureOriginal trialCoramKA, L. Njagi, Madan, Platt, W. Ouko
Holding
The court found that the Defendants' Statement of Defence was a sham and did not raise a reasonable defence.
Facts
Equitorial Commercial Bank Ltd sued Jodam Engineering Works Limited and two others for Kshs. 5,396,017.85 plus interest. The Defendants denied the allegations and provided specific denials.
Issues
- Whether the Defendants' Statement of Defence raises a reasonable defence to warrant striking out as prayed by the Plaintiff.
Reasoning
The court ruled that the Defendants' general denials without specific particulars of the amount allegedly advanced to them do not constitute a reasonable defence. The court emphasized that the court is only required to look at the pleadings and not evidence.
Outcome
The court struck out the Defendants' Statement of Defence.
Orders
- Striking out the Defendants' Statement of Defence
Authorities cited
Cases cited (1)
- Co-operative Merchant Bank of Kenya Ltd –Vs- Benson W.K. Muigai [2005] eKLR
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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