Breach Of Contract Defense

Summary

To respond to a breach of contract claim in Kenya, address the Plaintiffs breach by highlighting their actions and using their admissions. Structure your defense with an introduction, response to claims, legal points, and conclusion. Cite cases like William Muthami v Bank of Baroda (2014) eKLR and Ali Abdi Mohamed v Kenya Shell & Company Ltd (2017) eKLR to support your arguments. Emphasize the Plaintiffs initial breach and request the court to dismiss their claims.

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are you conversant with kenya law and court procedures

Yes, I'm familiar with Kenyan laws and court procedures. How can I assist you with your legal issue?

can you assist in fine tuning my subission

Sure, I can help with that. It sounds like you need assistance with a submission related to a legal issue. Could you please provide more details about the submission you need help with? This will help me understand how to assist you better.

how cAN i reply to the plaintif submission

To reply to the Plaintiff's submission, you need to address the points raised in their submission. Here’s a concise structure you can follow:
*. Introduction:
- Briefly state the purpose of your reply.
*. Response to Plaintiff’s Claims:
- Address each claim made by the Plaintiff.
- Provide counterarguments and evidence to refute these claims.
*. Legal Points:
- Cite relevant laws and precedents that support your defense.
*. Conclusion:
- Summarize your key points.
- Request the court to dismiss the Plaintiff's claims and provide any other relief you seek.
Would you like to start with a specific point from the Plaintiff's submission?

on breach of contract which authority can i rely on

Case Rating: *
For breach of contract cases in Kenya, you can rely on the following authorities:
*. William Muthami v Bank of Baroda (*) eKLR: This case outlines the elements necessary for an enforceable contract - offer, acceptance, and consideration.
*. Ali Abdi Mohamed v Kenya Shell & Company Ltd (*) eKLR: This case emphasizes that a party cannot claim an agreement is unenforceable if they have allowed the other party to incur expenses based on the agreement.
Would you like more details on these cases or any other assistance?

the plaintif claims that i breached a contact whereas he did

Case Rating: *
To address the Plaintiff's claim that you breached the contract, you can structure your defense by highlighting the Plaintiff's breach based on the provided document. Here’s a suggested outline for your reply:

Introduction
- Briefly state the purpose of your reply, indicating that you aim to refute the Plaintiff's claims and demonstrate their breach.

Response to Plaintiff’s Claims
*. Breach of Contract by Plaintiff:
- State that the Plaintiff impounded the motor vehicle on 6th June *, as noted in paragraph * of the Plaintiff's submission.
- Use the Plaintiff's own admission to show that they breached the agreement first.
*. Non-Performance and Repudiation:
- Cite the definition of a contractual breach from Black’s Law Dictionary (9th Edition) mentioned in paragraph *.
- Argue that the Plaintiff's actions constitute a non-performance and repudiation of the contract.

Legal Points
- William Muthami v Bank of Baroda (*) eKLR:
- Emphasize that a valid contract requires offer, acceptance, and consideration.
- Argue that the Plaintiff's actions undermined these elements.
- Ali Abdi Mohamed v Kenya Shell & Company Ltd (*) eKLR:
- State that the Plaintiff cannot claim the agreement is enforceable while having breached it.

Conclusion
- Summarize your key points that the Plaintiff breached the contract first.
- Request the court to dismiss the Plaintiff's claims and consider awarding costs to you for defending the suit.
If you need further assistance or specific phrasing for any section, let me know!

Breach Of Contract Defense

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