Yehuda Sulami & another v Zalareeds Limited & 3 others [2017] KEHC 8865 (KLR)
- Court
- High Court of Kenya
- Case number
- 8865
- Citation
- [2017] KEHC 8865 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to strike out the DefenceCoramFRED A. OCHIENG
Holding
The defendants have an arguable Defence and the application to strike out the Defence is dismissed.
Facts
The plaintiffs sold goods to the defendants at an agreed price of Kshs. 40,000,000/-, but the defendants failed to pay the balance of Kshs. 38,000,000/-. The defendants raised a contention that the goods were not of the same value as those offered by the plaintiffs.
Issues
- Whether the defendants' contention that the goods were not of the same value as those offered by the plaintiffs is valid.
- Whether the defendants' Defence is an abuse of the process of the court.
Reasoning
The court finds that the defendants' Defence raises triable issues and is not an abuse of the process of the court. The defendants' contention that the goods were not of the same value as those offered by the plaintiffs is not sufficient to strike out the Defence.
Outcome
Application dismissed with costs to the defendants.
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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