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Sheila Kinya Maingi T/A Riziki Communications v. Matrix Technologies Company Limited

(2015) JELR 96393 (CA)

Court of Appeal  •  Civil Appeal 200 of 2009  •  30 Oct 2015  •  Kenya

Coram
Martha Karambu Koome, George Benedict Maina Kariuki, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

Background

1. By a plaint dated and filed on 21st June, 2005 in the High Court, MATRIX TECHNOLOGIES COMPANY LIMITED, the respondent herein, claimed, among other things, the sum of KShs.4,327,155.40/= on account of Safaricom credit cards supplied to SHEILA KINYA MAINGI T/A RIZIKI COMMUNICATIONS, the appellant, between 17th and 27th May 2005.

2. In a defence dated and filed on 12th July, 2009, the appellant denied the claim and contemporaneously requested for better particulars of the respondent's claim.

3. On 13th July, 2007, the respondent filed an application under Order 35 Rule 1(1)(a) of the repealed Civil Procedure Rules seeking summary judgment to be entered against the appellant for the sum of KShs.4,327,155.40/=, plus costs. The grounds stated on the face of that application were that:

(a) The Plaintiff's claim against the Defendant is for a liquidated demand.

(b) The Defendant's defence against the Plaintiff's claim is a mere denial and raises no triable iss…

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