Crown Health Care v Jamu Imaging Centre Limited [2021] KEHC 13346 (KLR)
- Court
- High Court of Kenya
- Case number
- 13346
- Citation
- [2021] KEHC 13346 (KLR)
- Decided
- 30 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for Summary JudgmentCoramChesoni Ag., Corbett, IL, Madan
Holding
The court refused the Plaintiff's application for summary judgment.
Facts
The Plaintiff, Crown Health Care, supplied pharmaceutical products and related goods to the Defendant, Jamu Imaging Centre Limited, on credit. The Defendant made a part payment and issued bounced cheques, leaving a balance of Kshs. 25,571,445/=. The Plaintiff applied for summary judgment.
Issues
- Whether the Defendant’s statement of defence is a mere denial and does not present any defense whatsoever.
- Whether the Defendant has a good defense to the Plaintiff's claim.
Reasoning
The court found that there were triable issues of fact and that the Plaintiff's case was not unanswerable at trial. The court exercised its discretion to refuse summary judgment.
Outcome
The Plaintiff's application for summary judgment was refused.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (3)
- Momanyi v Hatimy
- Wenlock v Moloney and Others
- Jacobs v. Booth's Distillery Co.
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.
Loading judgment…