Summary judgment is a legal procedure designed to expedite cases where the defendant has no plausible defence and a tool designed to expedite the resolution of legal disputes by avoiding unnecessary trials. It is granted when the court is satisfied that there is no genuine issue of material fact to be tried and that one party is entitled to judgment as a matter of law.

For example, in a ruling delivered today in favour of our client in Civil Suit No. E010 of 2023 – Kensalt Limited v. Regal Group of Companies Limited, the plaintiff sought summary judgment to expedite the recovery of an alleged debt. We successfully demonstrated that the case presented triable issues that warranted a full trial, making it unsuitable for summary judgment. The court found that the involvement of a debt collector and the existence of a settlement deed introduced complexities that rendered any alleged admission unclear and ambiguous. Consequently, the court dismissed the application, emphasizing the necessity for a full trial to resolve the disputed issues.

This ruling underscore the principle that summary judgment is only appropriate in cases where the defendant’s liability is clear-cut and uncontactable. When there are substantive issues that require thorough examination, as in this case, the matter must proceed to a full trial to ensure justice is served.

At Oluoch Kimori Advocates, we are committed to safeguarding our clients’ rights by ensuring that all matters are thoroughly examined and justly adjudicated.

For any queries, feel free to reach out to Lilian Oluoch-Wambi or Davis Langat.

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See More on Kenya Law: https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/13578/eng@2024-11-06