Professional Marketting Services Limited v Information And Communications Technology Authority (ICTA) [2021] KEHC 5237 (KLR)
- Court
- High Court of Kenya
- Case number
- 5237
- Citation
- [2021] KEHC 5237 (KLR)
- Decided
- 8 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out defence and for judgment in favor of the plaintiffCoramW. A. OKWANY
Holding
The application is dismissed with costs, and the suit proceeds to full trial.
Facts
The plaintiff, Professional Marketing Services Limited, sought to have the defendant's defense struck out and for judgment in its favor. The defendant, Information and Communications Technology Authority (ICTA), filed a defense that denied the existence of a contract and the delivery of goods.
Issues
- Whether the defendant's defense discloses no reasonable cause of action or defense in law.
- Whether the defendant's defense is scandalous, frivolous, or an abuse of the process of the court.
Reasoning
The court found that the defendant's defense raised triable issues and that striking it out would prejudice the defendant. The court emphasized the need to avoid prejudicing the fair trial of the case.
Outcome
Application dismissed
Orders
- The application to strike out the defendant's defense is dismissed.
- The costs of the application are to be borne by the defendant.
- The suit proceeds to full trial.
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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