Automated Summary
Key Facts
Burhani Engineers Ltd claimed US$79,553.58 from Spectre International Limited for supplying flow meters, with the defendant paying US$43,000. Spectre argued the equipment wasn't commissioned properly under KRA standards, raising a genuine triable issue that prevented summary judgment.
Transaction Type
Supply Agreement for flow meters
Issues
- Whether Defence raises triable issues
- Whether Defendant should be allowed leave to defend
Holdings
The court refused to enter summary judgment against the Defendant as the Amended Defence raised a bona fide triable issue regarding the non-compliance of flow meters with KRA standards. The Defendant was granted leave to defend the suit.
Remedies
- The court made no order as to costs in this case.
- The court directed both parties to file all their documents and witness statements, as well as comply with the practice directions for the division, within 21 days of the ruling date (14th May 2015).
- The court ordered that the suit be set down for hearing after the parties comply with the filing requirements within the specified 21-day period.
- The court refused to enter summary judgment against the Defendant, determining that the Amended Defence raised a bona fide triable issue regarding non-compliance with KRA regulatory standards for flow meters.
Legal Principles
The court applied the principle that summary judgment should only be granted in clear cases where the defendant's defense does not raise any bona fide triable issues. It emphasized that if a defense contains even one fairly arguable issue, the defendant must be given leave to defend, as established in Order 36 Rule 2 of the Civil Procedure Rules and judicial precedents like ISAAC AWUONDO v SURGIPHARM LIMITED [2011] eKLR.
Precedent Name
- Balozi Housing Co-operative Society Limited v Samuel Waiganjo T/A Waiganjo & Associates
- Patel vs. E.A. Cargo Handling Services Ltd.
- Nairobi Golf Hotel (Kenya) Ltd v Lalji Bhamji Sanghani Builders & Contractors
- ISAAC AWUONDO v SURGIPHARM LIMITED & ANOTHER
- Charles Githinji Muturi v Julius Nderitu Kabera
- Commercial Bank of Africa Ltd v David Njau Nduati
- Baldev Raj vs. Kamel Kishore Aggarwal
Cited Statute
- Civil Procedure Rules
- Civil Procedure Act
- Constitution of Kenya
Judge Name
F. GIKONYO
Passage Text
- I have perused the file. Patently, pleadings had not closed by the time the amended Defence was filed. The Amended Defence is, therefore, a proper pleading which the court will consider in its determination.
- The Defendant filed a Replying Affidavit, which alluded to the merits of the Amended Defence dated 11th July 2014. It was averred that the Plaintiff had failed to commission the flow meters as required by KRA to ensure they are in conformity with the set regulatory standards.
- Does the Amended Defence disclose any bona fide triable issue or one which is fairly arguable? If I find any bona fide triable issue in the defence, I should allow the Defendant leave to defend the suit.
Damages / Relief Type
Liquidated Damages in the amount of US$79,553.58