SHEILA KINYA MAINGI T/A RIZIKI COMMUNICATIONS
V.
MATRIX TECHNOLOGIES COMPANY LIMITED

JUDGMENT OF THE COURT

Background

1. By a plaint dated and filed on 21^st 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 17^th and 27^th May 2005.

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

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 On 13^th July, 2007, the respondent filed an application under Order 35 Rule 1(1)(a) of the repealed Civil Procedure Rules seeking summary judgment to be entered against the appellant for the sum of KShs.4,327,155.40/=, plus costs.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