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CFC Stanbic Bank Ltd v John Ndirangu Karega & 2 others [2017] KEHC 5830 (KLR)

[2017] KEHC 5830 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5830
Citation
[2017] KEHC 5830 (KLR)
Decided
4 May 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to strike out statements of defence and for judgmentCoramMadan
Holding

The court struck out the defendants' statements of defence and entered judgment in favor of the plaintiff.

Facts

The plaintiff, Stanbic Bank Ltd, filed a civil suit against the defendants, John Ndirangu Karega and Jane Wanjugu Ireri, seeking to recover Kshs. 6,651,089.05 plus interest. The defendants filed statements of defence.

Issues

  1. Whether the statements of defence are incompetent to render them to be struck out.
  2. Whether judgment should be entered for the plaintiff as against the defendants.

Reasoning

The court found the defendants' statements of defence to be frivolous, vexatious, and an abuse of the court process, and thus ordered them to be struck out.

Outcome

Judgment entered for the plaintiff

Orders

  • Judgment entered for the plaintiff for Kshs. 6,651,089.05 plus interest
  • Costs of the suit and of this application to be to the plaintiff

Authorities cited

Legislation (1)
  • Order 2 rule 15(1) (b), (c) and (d) of the Civil Procedure Rules, 2010
Cases cited (1)
  • G.B.M. Kariuki vs Nation Media Group & 3 Others [2012] eKLR
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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