Paul Makokha Okoiti v Equity Bank & another [2015] KEHC 7309 (KLR)
- Court
- High Court of Kenya
- Case number
- 7309
- Citation
- [2015] KEHC 7309 (KLR)
- Decided
- 21 May 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out statement of defence and for judgment in favor of the PlaintiffCoramA. MBOGHOLI MSAGHA
Holding
The 1st Defendant's defence is not to be struck out.
Facts
The Plaintiff was arrested and maliciously prosecuted by the 2nd Defendant at the instigation of the 1st Defendant when a stolen cheque was deposited in his jointly held account. The criminal case was subsequently withdrawn.
Issues
- Whether the 1st Defendant's defence should be struck out due to lack of addressing the joint account issue and involvement in the malicious charge.
- Whether the Plaintiff has a reasonable defence to the claim.
Reasoning
The court found that the 1st Defendant's defence raised substantial triable issues and was not argumentative.
Outcome
Application dismissed
Orders
- The 1st Defendant's statement of defence is not to be struck out.
- The Plaintiff's application is dismissed.
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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