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Rasik P. Gadhia v. Delphis Bank Limited

(1997) JELR 93787 (CA)

Court of Appeal  •  Civil Appeal 304 of 1996  •  20 Jun 1997  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Gurbachan Singh Pall, Samuel Elikana Ondari Bosire

Judgement

JUDGMENT OF THE COURT

The appellant, Rasik P. Gadhia, challenges the exercise of judicial by discretion by the superior court (Wambiliangah, J.) under Order V1 rule 13 (1) (b) and (c) and Order X11 rule 6 of the Civil Procedure Rules. The learned Judge struck out the appellant’s defence he filed in Kisumu High Court Civil Case No. 27 of 1996 in which he made a general denial of the respondent’s claim. That provoked this appeal.

In its plaint the respondent made a liquidated demand of Kshs. 1,960,562/= The sum comprised of sums of money the respondent allegedly advanced to the appellant by way of overdraft on diverse dates and accrued interest. The appellant’s written statement of defence, in pertinent part, denied not only that he owed the money claimed but also that he ever requested the respondent for any financial accommodation.

In its application to strike out the appellant’s written statement of defence, the respondent exhibited copies of letters exchanged between itself and the app…

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