Intrasoft International S A v Verve K O Limited [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Milimani Law Courts, Commercial and Tax Division
Category
Civil
Judge(s)
D. S. Majanja
Judgment Date
September 30, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Intrasoft International S A v Verve K O Limited [2020] eKLR case summary, analyzing key legal principles and implications for businesses. Stay informed on essential case outcomes.

Case Brief: Intrasoft International S A v Verve K O Limited [2020] eKLR

1. Case Information:
- Name of the Case: Intrasoft International S.A. v. Verve K.O. Limited
- Case Number: Civil Case No. E231 of 2019
- Court: High Court of Kenya at Nairobi, Milimani Law Courts, Commercial and Tax Division
- Date Delivered: September 30, 2020
- Category of Law: Civil
- Judge(s): D. S. Majanja
- Country: Kenya

2. Questions Presented:
The central legal issues the court must resolve include:
- Whether the application for summary judgment is competent based on the governing law of the contracts.
- The validity of the Defendant's replying affidavits.
- The propriety of the Defendant's Statement of Defence.
- Whether the Defendant has admitted the sum claimed by the Plaintiff.

3. Facts of the Case:
The Plaintiff, Intrasoft International S.A., entered into contracts with the Defendant, Verve K.O. Limited, to provide information technology solutions and software products for the national government’s HUDUMA project in Kenya. The Plaintiff alleges that the Defendant breached the contract by failing to make payments amounting to USD 373,100.01. The Plaintiff seeks summary judgment for the unpaid amount, interest, general damages for breach of contract, and costs.

4. Procedural History:
The Plaintiff filed a Notice of Motion on May 22, 2020, seeking summary judgment against the Defendant. The Defendant opposed this application through a replying affidavit and grounds of opposition. Both parties submitted written arguments, and the court was tasked with addressing the issues raised concerning the competency of the application, validity of the affidavits, and the existence of any triable issues.

5. Analysis:
- Rules: The court considered settled principles regarding summary judgment, which state that such a judgment will not be granted if the defense raises a triable issue (Gupta v. Continental Builders Ltd [1976-80] 1 KLR 809; Postal Corporation of Kenya v. Inamdar & 2 Others [2004] 1 KLR 359). The court also noted the requirement for a clear admission for judgment to be granted (Choitram v. Nazari [1984] KLR 327).

- Case Law: The court referenced previous cases to establish the standards for summary judgment. In particular, it emphasized the need for clarity in admissions and the necessity of addressing any triable issues raised by the defense. The decision in Evergreen Marine (Singapore) PTE Limited v. Petra Development Services Limited clarified the waiver of jurisdiction objections when a party submits to the court's authority without contesting jurisdiction.

- Application: The court found that the contracts had a choice of law clause stipulating that they would be governed by Luxembourg law. The court determined that the Plaintiff had not sufficiently established the law of Luxembourg, which was necessary to assess the validity of the Defendant's defense and any admissions. Consequently, the court ruled that the application for summary judgment could not proceed without resolving the applicable foreign law issues.

6. Conclusion:
The court dismissed the Plaintiff's Notice of Motion for summary judgment due to the unresolved issues regarding the applicable law and the lack of sufficient proof of Luxembourg law. The court directed that the matter be referred to mediation, emphasizing the need for further examination of the contractual terms under the specified law.

7. Dissent:
There were no dissenting opinions noted in this case, as the ruling was delivered by a single judge.

8. Summary:
The High Court of Kenya ruled against the Plaintiff's application for summary judgment in the case of Intrasoft International S.A. v. Verve K.O. Limited, primarily due to the complexities surrounding the applicable foreign law governing the contracts. The decision underscores the importance of establishing the relevant legal framework when contractual disputes involve international elements. The case highlights the procedural requirements for summary judgment and the necessity for clear admissions and triable issues to be adequately addressed before a court can grant such relief.

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