[2023] KEMSET 4 (KLR)

[2023] KEMSET 4 (KLR)

The Tribunal found that the Claimant supplied goods to the Respondent, evidenced by delivery notes and invoices signed and stamped by the Respondent. The Respondent failed to provide credible evidence of any agreement allowing for the return of unsold goods or that the Claimant collected expired goods. The Respondent's own admissions and lack of inventory or documentary proof undermined his defense. The Tribunal accepted the Claimant's debtor statement, confirming the outstanding balance of Ksh 83,010.32 after accounting for payments made. The Tribunal held that the Respondent was responsible for his own business losses due to expired goods and was liable for the outstanding debt. Costs...

Citation
[2023] KEMSET 4 (KLR)
Parties
Applicant: R H Devani Ltd; Respondent: Al-Karim Stores
Court
Micro and Small Enterprises Tribunal
Jurisdiction
Kenya
Judgment Date
12 January 2023
Case Number
MSET Nairobi E001 of 2022
Procedural Posture
Civil Claim / Judgment
Outcome
claim allowed
Judges
J.Bett, R.Katina, J.Were, A Gikuya, A Kibet
Legal Topics
Sale of Goods, Contractual Debt, Business Transactions
Source Language
English
Commercial and Corporate Sale of Goods Contractual Debt Business Transactions

Case Brief

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Parties

R H Devani Ltd

Applicant

Al-Karim Stores

Respondent

Procedural Posture

Civil Claim / Judgment

Legal Issues

  1. 1 Whether the Respondent owes the Claimant Ksh 83,010.32 for goods delivered.
  2. 2 Whether there was an agreement that unsold goods would be returned to the supplier and not paid for.
  3. 3 Who bears the cost of the claim.

Ratio Decidendi

The Tribunal found that the Claimant supplied goods to the Respondent, evidenced by delivery notes and invoices signed and stamped by the Respondent. The Respondent failed to provide credible evidence of any agreement allowing for the return of unsold goods or that the Claimant collected expired goods. The Respondent's own admissions and lack of inventory or documentary proof undermined his defense. The Tribunal accepted the Claimant's debtor statement, confirming the outstanding balance of Ksh 83,010.32 after accounting for payments made. The Tribunal held that the Respondent was responsible for his own business losses due to expired goods and was liable for the outstanding debt. Costs...

Court Disposition

claim allowed

Orders

  • The Respondent shall pay the Claimant Ksh 83,010.32 as the outstanding debt.
  • The Respondent shall pay the Claimant Ksh 30,000 as costs of the claim.