[2002] KEHC 904 (KLR)

[2002] KEHC 904 (KLR)

The court found that the contract for the supply and fitting of carpets was awarded by Saudia Airlines to the defendant, who then subcontracted the plaintiff to perform part of the work. The evidence, including the contract, delivery notes, and payment demands, established that the defendant was the party liable to pay the plaintiff. The defendant's assertion that Saudia Airlines was the real debtor was not supported by any documentary evidence of a direct contract between Saudia Airlines and the plaintiff. The court also held that the objection regarding the plaintiff's authority to sue was raised too late, was not pleaded, and was therefore waived. Judgment was entered for the plaintiff...

Citation
[2002] KEHC 904 (KLR)
Parties
Plaintiff: Curtains & Covers Ltd; Defendant: David K. Kunga
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
17 December 2002
Case Number
Civil Case 3546 of 1992
Procedural Posture
Civil Case / Judgment
Outcome
judgment for plaintiff
Judges
AM Githinji
Legal Topics
Contract for Goods and Services, Subcontractor Liability, Company Authority to Sue
Source Language
English
Commercial and Corporate Civil Procedure Contract for Goods and Services Subcontractor Liability Company Authority to Sue

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Curtains & Covers Ltd

Plaintiff

David K. Kunga

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Is the defendant indebted to the plaintiff in the sum of Kshs 401,160 for goods sold and delivered and work done and materials supplied?
  2. 2 Did the plaintiff demand payment or give the defendant notice to sue?
  3. 3 Is the real debtor Saudia Airlines?

Ratio Decidendi

The court found that the contract for the supply and fitting of carpets was awarded by Saudia Airlines to the defendant, who then subcontracted the plaintiff to perform part of the work. The evidence, including the contract, delivery notes, and payment demands, established that the defendant was the party liable to pay the plaintiff. The defendant's assertion that Saudia Airlines was the real debtor was not supported by any documentary evidence of a direct contract between Saudia Airlines and the plaintiff. The court also held that the objection regarding the plaintiff's authority to sue was raised too late, was not pleaded, and was therefore waived. Judgment was entered for the plaintiff...

Court Disposition

judgment for plaintiff

Orders

  • Judgment entered for the plaintiff against the defendant for Kshs 401,160 with costs and interest at court rates.
  • Execution stayed for 14 days as prayed.