RAGHBIR SINGH CHATTE V. NATIONAL BANK OF KENYA LIMITED

JUDGMENT OF AKIWUMI, J. A.

On 11^th August, 1994, Githinji, J. heard an application by the respondent filed on 10^th September, 1993, to strike out the defence of the appellant in a suit filed by the respondent, against the appellant and to enter judgment for the respondent. The application was brought under Order 6 rule 13(1)(a), (b) and (c) under any which, if a pleading is struck out, the suit may by virtue of rule 13(1), be stayed, dismissed or judgment entered accordingly. As already alluded to, in addition to striking out the defence, the respondent sought consequentially, judgment as prayed in its plaint. Although the application in its heading as far as the striking out of the defence is concerned, was said to have been brought under Order 6 rule 13(1)(a), (b) and (c), what was actually sought in the application itself, was only the striking out the defence under paragraph (a) of r 13(1) of Order 6,on the ground that it discloses no reasonable defence. The respondent also sought …