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(2016) JELR 93966 (CA)

Court of Appeal  •  Civil Appeal 31 of 2014  •  1 Jul 2016  •  Kenya

Martha Karambu Koome, Hannah Magondi Okwengu, George Benedict Maina Kariuki



1. The appellant, Saraf Limited, has filed this interlocutory appeal against the decision dated 7th July 2014 made by the High Court (Meoli J) sitting in Malindi in Civil Case No.30 of 2014. The High Court decision was made in the notice of motion dated 7th November 2013 by the respondent seeking to strike out the appellant’s defence and entry of judgment as prayed for in the plaint.

2. The background facts from the record of this appeal show that the respondent commenced by plaint dated 12th January 2012 High Court Civil Suit No.30 of 2014 (at Malindi) claiming from the appellant the sum of Shs.4.4 million as money had and received. After entering appearance, the appellant filed a statement of defence in which it denied the claim and sought dismissal of the suit. Besides denying the claim, the appellant also averred that one Daniele Barzecola had not authorized the respondent to institute the suit. The appellant pleaded in the alternative that the contract relatin…

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