Misort Africa Limited v Principal Secretary National Treasury and Planning & another [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Commercial & Tax Division
Category
Civil
Judge(s)
Justice Maureen A. Odero
Judgment Date
September 29, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Misort Africa Limited v Principal Secretary National Treasury and Planning & another [2020] eKLR case summary, highlighting key legal insights and implications for public policy and governance.

Case Brief: Misort Africa Limited v Principal Secretary National Treasury and Planning & another [2020] eKLR

1. Case Information:
- Name of the Case: Misort Africa Limited v. The Principal Secretary, The National Treasury and Planning and The Attorney General
- Case Number: Civil Suit No. 182 of 2019
- Court: High Court of Kenya at Nairobi, Commercial & Tax Division
- Date Delivered: 29th September 2020
- Category of Law: Civil
- Judge(s): Justice Maureen A. Odero
- Country: Kenya

2. Questions Presented:
The central legal issues in this case revolve around whether the defense raised by the defendants discloses any reasonable defense in law, whether it raises triable issues that warrant a full trial, and whether the application by the plaintiff to strike out the defense should be granted.

3. Facts of the Case:
The plaintiff, Misort Africa Limited, filed a suit against the 1st defendant, The Principal Secretary of the National Treasury and Planning, and the 2nd defendant, The Attorney General, seeking payment for goods supplied. The plaintiff claims an amount of Kshs. 235,683,000.00, along with interest and costs. The defendants filed a defense that the plaintiff contended was a sham and did not disclose reasonable grounds for defense, prompting the plaintiff to seek its striking out through a Notice of Motion dated 17th October 2019.

4. Procedural History:
The plaintiff initiated the suit by filing a plaint on 25th July 2019. The 2nd defendant entered appearance on 21st August 2019 and filed a defense on 30th August 2019. The plaintiff thereafter filed a reply to the defense on 11th September 2020. The plaintiff's application to strike out the defense was supported by various grounds, while the 2nd defendant opposed the application, claiming that the defense raised triable issues. The application was submitted for determination based on written submissions from both parties.

5. Analysis:
- Rules: The court considered Order 2 Rule 15(1) of the Civil Procedure Rules, which allows for the striking out of pleadings that disclose no reasonable cause of action or defense, among other grounds. The court also referenced Order 13 Rule 2, which allows for judgment based on admissions of fact.

- Case Law: The court cited several precedents, including Job Kwach v. Nation Media Group Ltd, which established that a bona fide triable issue is one that warrants further examination during a full trial. Additionally, the court referenced DT Dobie & Company (Kenya) Ltd v. Muchina, emphasizing that striking out a pleading should be done sparingly and only when it is clearly untenable. The principle set forth in Saudi Arabia Airlines Corporation v. Premium Petroleum Company Limited was also noted, reinforcing the importance of sustaining rather than terminating suits.

- Application: The court found that the defense raised by the defendants did indeed present triable issues that merited a full hearing. The plaintiff's argument that the defense was devoid of particulars and witness statements was deemed insufficient to warrant striking it out. The court emphasized that issues regarding the adequacy of the defense could be addressed during trial rather than through a summary judgment application.

6. Conclusion:
The court dismissed the plaintiff's Notice of Motion to strike out the defense, determining that the defense contained triable issues that required a full hearing. The ruling reflects a judicial preference for allowing cases to proceed to trial to ensure substantive justice.

7. Dissent:
There were no dissenting opinions recorded in this case.

8. Summary:
The High Court of Kenya ruled against Misort Africa Limited's application to strike out the defense of the defendants, The Principal Secretary of the National Treasury and Planning and The Attorney General. The court found that the defense raised legitimate triable issues, thereby allowing the case to proceed to trial. This decision underscores the judicial inclination to favor trials over dismissals to uphold the principles of justice and due process in civil litigation.

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