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DK Real Estate Limited v. Deacons (East Africa) PLC & Modern Techno Fitness GYM Limited

(2018) JELR 102967 (CA)

Court of Appeal  •  Civil Appeal 58 of 2017  •  14 Jun 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

[1] The core issue for determination in this appeal is whether a summary judgment order was properly entered in favour of the 1st respondent in the sum of Kshs.23,528,032; and whether there were triable issue(s) which entitled the appellant and the 2nd respondent leave to defend the suit. A brief background is that by a plaint filed on 23rd August, 2016, the 1st respondent claimed that it entered into a contractual relationship with the 2nd respondent for the supply of gym and/or fitness equipment. Pursuant thereto, the 1st respondent delivered the said equipment to the 2nd respondent as agreed, at a consideration of Kshs.34,885,512 inclusive of other costs such as transportation and installation. According to the said contract, the 2nd respondent agreed that the title to all the equipment supplied would remain vested in the 1st respondent until the entire account was settled. The 2nd respondent defaulted and as at the time the suit was filed, the 2nd respondent h…

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