Automated Summary
Key Facts
Ezekiel Komen sued Mathew Birgen for K. Shs. 102,000/- based on an alleged 2002 contract to sell his bar business in Kaburuwo for K. Shs. 312,000/-. Birgen claimed he had not entered the agreement and denied owing the balance, but the trial court granted summary judgment in favor of Komen after finding no triable issues in the defense. The High Court upheld this decision, concluding that Birgen's defense amounted to mere denials and lacked sufficient evidence to warrant a trial.
Transaction Type
Purchase of bar business and accessories
Issues
- Whether the magistrate erred in not finding that the appellant's defence raised triable issues.
- Whether the magistrate erred in not finding no admission of liability by the appellant.
- Whether the magistrate erred in not granting the appellant unconditional leave to defend the suit.
- Whether the magistrate erred in not finding the appellant sufficiently rebutted the summary judgment affidavit.
- Whether the magistrate erred in failing to dismiss the respondent's application for summary judgment.
- Whether the magistrate erred in not finding insufficient evidence for summary procedure.
Holdings
The court dismissed the appeal, finding that the defense was a mere denial and no triable issues were raised. The learned trial Magistrate's decision was upheld as the appellant failed to show merit in the defense.
Remedies
The appeal is dismissed with costs.
Contract Value
312000.00
Monetary Damages
102000.00
Legal Principles
The court applied the principle that an application for summary judgment cannot be allowed if the defendant has filed a detailed defense raising triable issues. The learned trial Magistrate determined that the appellant's defense was a mere denial and failed to meet the burden of showing justification for leave to defend the suit.
Precedent Name
- Commercial Advertising and General Agencies Limited v. Qureshi
- Gurbaksh Singh & Sons Limited v. Njiiri Emporium Limited
Cited Statute
Civil Procedure Rules
Judge Name
Jeanne Gacheche
Passage Text
- An application for summary judgment cannot be allowed or applied in cases where a detailed defence has been filed, as the court cannot ignore the defence filed and proceed with the case by way of summary procedure.
- The learned trial Magistrate reviewed the evidence on record and arrived at the conclusion that the defence did not raise any triable issues but that it contained general denials.
- The upshot of all this is that this appeal which lacks in merit is hereby dismissed with costs.
Damages / Relief Type
Liquidated Damages in the amount of K. Shs. 102,000/-