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|Case Number:||civ case 782 of 01|
|Parties:||CO-OPERATIVE MERCHANT BANK LTD. vs COLIN OTIENO|
|Date Delivered:||11 Jun 2002|
|Court:||High Court at Nairobi (Milimani Law Courts)|
|Citation:||CO-OPERATIVE MERCHANT BANK LTD. vs COLIN OTIENOeKLR|
|Parties Profile:||Private Body v Individual|
|Case Outcome:||Application Allowed|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
CIVIL CASE NO.782 OF 2001
CO-OPERATIVE MERCHANT BANK LTD. …………… PLAINTIFF
COLIN OTIENO ………………………………………… DEFENDANT
R U L I N G
The applicant has brought this application under O. 6 Rule 13 (1) and 16, O. IXA Rule 3 and 11 and O.XII Rule 6 to strike out the defence filed herein by the defendant and also to enter judgment in favour of the plaintiff against the defendant as prayed in the plaint. The application is supported by an affidavit sworn on 17.4.2002 by Kennedy Kaunda Abuga and is based on the grounds appearing in the body of the application.
On the basis of the evidence contained in the supporting affidavit and also upon consideration of submissions by learned counsel for the applicant, I am satisfied that the defence filed herein by the defendant is a sham which discloses no triable issues and is solely meant to prejudice, embarrass and delay the course of justice. By reason of the foregoing, the application is granted and judgment entered in favour of the plaintiff against the defendant as prayed in the plaint. The defendant will bear the plaintiff’s costs of this application.
Dated at Nairobi this 11th day of June, 2002.