Indigo Telecom Limited v Independent Electoral and Boundary Commission Limited [2016] KEHC 112 (KLR)
- Court
- High Court of Kenya
- Case number
- 112
- Citation
- [2016] KEHC 112 (KLR)
Summary at a glance
The Court dismisses the application for judgment and orders that the Defendant's Statement of Defence be struck out. The Court also orders that all officers of the Defendant involved in the matters giving rise to these proceedings be personally joined as parties to the suit.
Facts
The Plaintiff, Indigo Telecom Limited, filed a Plaint seeking payment for equipment supplied to the Defendant, Independent Electoral and Boundary Commission Limited, under a Local Purchase Order dated 21st February 2013. The Defendant denied the Plaintiff's claims and stated that the Local Purchase Order was issued illegally.
Issues
- Defendant's liability for payment
- Procedural irregularities in issuing the Local Purchase Order
Reasoning
The Court finds that the Defendant is well and truly indebted to the Plaintiff for the sum of Kshs.39,364,272.30 together with interest. The Court dismisses the application for judgment and orders the Defendant's Statement of Defence to be struck out.
Outcome
The application for judgment is dismissed.
Orders
- Defendant's Statement of Defence is struck out
- All officers of the Defendant involved in the matters giving rise to these proceedings are personally joined as parties to the suit
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