Nancy Wanja Gatabaki v Muga Developers Limited [2015] KEHC 527 (KLR)
- Court
- High Court of Kenya
- Case number
- 527
- Citation
- [2015] KEHC 527 (KLR)
- Decided
- 7 December 2015
The court declines to allow the plaintiff's application to strike out the defendant's statement of defence and sustains the defence on record, ordering the suit to be set down for hearing on its merits.
Facts
The plaintiff, Nancy Wanja Gatabaki, claims against the defendant, Muga Developers Limited, for Kshs. 10,000,000/= and interest, alleging a written agreement dated 7th March, 2012, where the defendant agreed to pay the plaintiff Kshs. 10,000,000/= for loss of rent and building material. The defendant denied the claim, asserting that the agreement was subject to other agreements dated 5th and 8th March, 2012.
Issues
- Whether the defendant's statement of defence is scandalous, frivolous, vexatious, and embarrassing.
- Whether the subject agreement was subject to other agreements of 5th and 8th March, 2012.
Reasoning
The court finds that the defendant's defence raises a triable issue and cannot be struck out. The plaintiff's claim is based on a written agreement, and the court cannot dismiss the case summarily without further verification.
Outcome
Application dismissed, suit set down for hearing on merits.
Orders
- Sustain the defendant's statement of defence
- Order the suit to be set down for hearing on its merits
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