Classic Foods Limited v Desley Holdings Kenya Limited [2019] KEHC 2317 (KLR)
- Court
- High Court of Kenya
- Case number
- 2317
- Citation
- [2019] KEHC 2317 (KLR)
- Decided
- 12 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCommercial DisputePostureAppeal from a decision to strike out the Defendant's defence and list of documentsCoramM.W.Muigai
Holding
The Defendant's defence is struck out for filing out of time without leave of court as provided under Order 7 Rule 1 CPR 2010. Judgment is entered for the Plaintiff for refund of USD 162,500 with interest and costs.
Facts
The Plaintiff filed a Plaint for purchase of a Milking Processing Line and payment of USD 162,500, but the Defendant failed to deliver the plant and refund the payment.
Issues
- Was the Statement filed out of the statutory period without leave of Court?
- Does the Defence raise triable issues for hearing and determination at the Full Trial?
- Should the Defence be struck out & judgment entered in favour of the plaintiff as prayed for in the Plaint?
Reasoning
The Court found that the Defendant failed to seek leave to file the Defence out of time and did not raise any triable issues.
Outcome
Judgment entered for the Plaintiff
Authorities cited
Legislation (2)
- CPA 2010
- COK 2010
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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