Snetor Chimie v Polytanks Limited [2017] KEHC 2205 (KLR)
- Court
- High Court of Kenya
- Case number
- 2205
- Citation
- [2017] KEHC 2205 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out Defendant's statement of defence and for judgmentCoramRACHEL NGETICH
Holding
The application is dismissed and the matter is referred to Court annexed mediation. The suit proceeds to full hearing to establish the amount owing.
Facts
The Plaintiff demanded payment of Kshs 39,993,490.532 from the Defendant, who admitted owing the money but did not specify the exact amount. The Plaintiff provided invoices, and the Defendant sought a meeting to agree on the amount and mode of payment.
Issues
- Whether the Defendant's statement of defence discloses triable issues
- Whether the Plaintiff's claim should be struck out as there is no bonafide defence
Reasoning
The Defendant admitted owing money but did not specify the exact amount, and there is no evidence of a meeting to agree on the amount or a specific admission of the debt.
Outcome
Application dismissed, matter referred to Court annexed mediation
Orders
- Referral to Court annexed mediation
Authorities cited
Cases cited (1)
- KCB vs Ultra investment limited
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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