A defendant owes a fixed, documented sum and has filed a defence that says almost nothing. Must the plaintiff still wait for a full trial? Under the Civil Procedure Rules 2010, not necessarily.
What is a liquidated demand?
A liquidated demand is a sum ascertained by calculation or from the documents: a dishonoured cheque, an agreed loan instalment, invoices computed at contract rates, or a debt acknowledged in writing. Where the claim is for such a sum, the Civil Procedure Rules 2010 (kenyalaw.org) allow the plaintiff to apply for summary judgment, a route designed to deal with defences filed mainly to buy time.
How does a summary judgment application work?
The application is brought by notice of motion supported by an affidavit, normally once the defendant has entered appearance and filed a defence. The plaintiff must show that the defendant has no bona fide defence to the claim. The defendant must then do more than deny the debt: the supporting affidavit has to disclose a triable issue, a genuine dispute of fact or law that the court should try. If satisfied, the court may enter judgment for the claimed amount; if not, the claim proceeds to trial in the ordinary way.
When is summary judgment not suitable?
- Where material facts are genuinely in dispute and oral evidence is required.
- Where the defendant raises a set-off or counterclaim connected to the same transaction.
- Where allegations of fraud or misconduct require the court to assess credibility.
Documentary discipline is decisive. Plaintiffs with signed contracts, reconciled statements and clear payment terms can point to documents that speak for themselves; plaintiffs relying on oral understandings rarely can. This is one reason payment terms, acknowledgments of receipt and reconciliation habits deserve attention at the contracting stage, not the collection stage.
Where a liquidated claim is well documented, an advocate can assess quickly whether summary judgment is the proportionate route. Our banking and securities practice advises lenders and suppliers on recovering liquidated sums, and our commercial contracts practice addresses the drafting that makes such claims provable on paper.
For guidance on your specific situation, contact CS Advocates LLP, call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.