Vibhuti Hardware Limited v Mirage Supply & Contractors Ltd (Civil Suit E771 of 2021) [2022] KEHC 149 (KLR) (Commercial and Tax) (27 January 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 149
- Citation
- [2022] KEHC 149 (KLR)
- Decided
- 27 January 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureSummary Judgment ApplicationCoramMusinga, Shedrian
Holding
The application is dismissed as the defendant raised numerous triable issues and the plaintiff's case is not clear, plain, obvious or 'open and shut'.
Facts
Vibhuti Hardware Limited claimed against Mirage Supply & Contractors Ltd for Kshs. 25,112,750/= for goods supplied between June and August 2020. The defendant denied the claim and raised numerous triable issues.
Issues
- existence of an oral contract
- delivery of goods
- receipt of invoices and delivery notes
- payment of invoices
Reasoning
The court found that the defendant's defence raised numerous triable issues and that the plaintiff's case was not clear and obvious.
Outcome
Application dismissed
Orders
- Application dated 30/9/2021 dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (4)
- ELC No. 679 of 2012 Igi Holdings Limited vs Tropical Farm Management Kenya Ltd and another
- Postal Corporation of Kenya vs Inamdar and 2 others
- Saudi Arabian Airlines Corporation vs Premium Petroleum Company Ltd
- Job Kilach vs National Media Group Ltd
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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