Basco Products Kenya Ltd v Machakos County Government [2016] KEHC 8550 (KLR)
- Court
- High Court of Kenya
- Case number
- 8550
- Citation
- [2016] KEHC 8550 (KLR)
- Decided
- 29 April 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to strike out Defence and for judgment in favor of PlaintiffCoramOLGA SEWE, ERIC K. O. OGOLA
Holding
The Court dismissed the Plaintiff's application to strike out the Defendant's Defence and entered judgment in favor of the Plaintiff.
Facts
Plaintiff Basco Products Kenya Ltd was awarded a Local Purchase Order (LPO) by Defendant Machakos County Government for the supply of paint products. Plaintiff supplied goods worth Kshs. 11,453,868, which were received and acknowledged by the Defendant. Despite demand and reminders, the Defendant failed to settle the outstanding sum and filed a sham Defence.
Issues
- Whether the Court has the discretion to strike out the Defendant's Defence
- Whether the Plaintiff has a valid contract with the Defendant
- Whether the Defendant's Defence is a reasonable one
Reasoning
The Court found that the Plaintiff had a valid contract with the Defendant and that the Defendant's Defence was not a reasonable one.
Outcome
Judgment in favor of Plaintiff
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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