[2004] KEHC 886 (KLR)
The court found that the plaintiff's evidence regarding the breach of agreement and the resulting damages was uncontroverted, as the defendant failed to attend the hearing or challenge the claims. The documentary evidence produced by the plaintiff, including agreements and prior court orders, substantiated the claim...
Source-derived case information.
- Citation
- [2004] KEHC 886 (KLR)
- Parties
- Plaintiff: Julius Mwova Kyondo; Defendant: William Kea Kashuru
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 467 of 2002
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Breach of Contract, Special Damages, Enforcement of Agreements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Mwova Kyondo
Plaintiff
William Kea Kashuru
Defendant
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the defendant breached the agreement with the plaintiff.
- 2 Whether the plaintiff is entitled to special damages as claimed.
- 3 Whether judgment should be entered in favour of the plaintiff given the uncontested evidence.
Ratio Decidendi
The court found that the plaintiff's evidence regarding the breach of agreement and the resulting damages was uncontroverted, as the defendant failed to attend the hearing or challenge the claims. The documentary evidence produced by the plaintiff, including agreements and prior court orders, substantiated the claim for damages. Consequently, the court entered judgment in favour of the plaintiff for the sum of KES 1,295,000 with interest from March 1998 at court rates, less the amount of KES 120,000 previously awarded. Costs were also awarded to the plaintiff.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff against the defendant in the sum of KES 1,295,000 with interest from March 1998 at court rates.
- The sum of KES 120,000 previously awarded is to be deducted from the judgment amount.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
HIGH COURT CRIMINAL APPEAL NO. 398 OF 2003
JULIUS MWOVA KYONDO …………………………….. PLAINTIFF
V E R S U S
WILLIAM KEA KASHURU ……………………………………DEFENDANT
(Appeal from Original Judgment and Conviction in Princi pal Magistrate’s Court Criminal Case No. 2380 of 2003 dated 7th November 2003 by Mr. J. N. Onyiego –R.M. –Kerugoya
J U D G M E N T
The plaintiff filed this suit on 10. 11. 2000 against defendant. The cause of action arose from an agreement as pleaded in the plaint. Special damage arising of breach of the agreement are pleaded at shs. 1,459. 629. 75. A statement of defence was filed which is a general denial. On 23. 8.2002 on application this court entered judgment in the sum of shs. 120,000/- in favour of the plaintiff. The remainder of the suit was heard on 6. 10. 04. When plaintiff attended and the counsel for defendant said the defendant was not in court although hearing notice was served. Mr. Hare did not press the matter further.
Mr. Tindika for plaintiff requested to proceed and called first witness the plaintiff who testified in support of his plaint. He said the damaged goods caused by defendant was valued shs. 14,659. 75 and that he had spent shs. 150,000/- in compliance of his part of agreement. The defendant was taken to Criminal court and the defendant was fined. The plaintiff produced exhibits including agreements, pleadings and order from lower court (Achode SRM) paragraph (1) where the defendant was restrained from committing the breach of agreement. The plaintiff claimed shs. 1295. 000/- plus interest from 1998 March. The witness was not cross –examined by defendant counsel who just left court.
After considering the evidence led by plaintiff and seeing it is not controveted I now enter judgment for plaintiff against the defendant in the sum of shs. 1,295. 000/- with interest from March 1998 at court rates. Costs shall be to the plaintiff. The sum of shs. 120,000/- is to be deducted from this sum.
Dated this 19th day of November, 2004.
J.KHAMINWA
JUDGE
19. 11. 04
Khaminwa Judge
Jason – Court clerk
Mr. Tindika
Non appearance for defendant
Judgment read in court.