[2022] KEMSET 217 (KLR)

[2022] KEMSET 217 (KLR)

The Tribunal found that the respondent was properly served with the claim and hearing notices but failed to file a response or attend the hearing. The claimant provided documentary evidence of the supply of goods and the outstanding debt, including delivery notes, invoices, and statements. The respondent made a partial payment, reducing the outstanding amount to Ksh 27,402. In the absence of any contrary evidence or defence, the Tribunal held that the claimant was entitled to judgment for the outstanding sum, costs, and interest. The Tribunal emphasized the right to be heard but noted that this right was not violated as the respondent was given ample opportunity to participate. The...

Citation
[2022] KEMSET 217 (KLR)
Parties
Applicant: R.H Devani Ltd; Respondent: Mwatate Paints and Hardware
Court
Micro and Small Enterprises Tribunal
Jurisdiction
Kenya
Judgment Date
22 April 2022
Case Number
MSET Nairobi E006 of 2021
Procedural Posture
Civil Claim / Judgment
Outcome
Claim allowed in full.
Judges
J.Bett, R.Katina, J.Were, A Gikuya, A Kibet
Legal Topics
Debt Recovery, Liquidated Claims, Service of Process, Default Judgment
Source Language
English
Commercial and Corporate Civil Procedure Debt Recovery Liquidated Claims Service of Process Default Judgment

Case Brief

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Parties

R.H Devani Ltd

Applicant

Mwatate Paints and Hardware

Respondent

Procedural Posture

Civil Claim / Judgment

Legal Issues

  1. 1 Whether the respondent was served with the claim and accorded the right to be heard.
  2. 2 Whether the respondent has an outstanding debt of Ksh 27,402 for goods supplied by the claimant.
  3. 3 Who bears the cost of the claim.

Ratio Decidendi

The Tribunal found that the respondent was properly served with the claim and hearing notices but failed to file a response or attend the hearing. The claimant provided documentary evidence of the supply of goods and the outstanding debt, including delivery notes, invoices, and statements. The respondent made a partial payment, reducing the outstanding amount to Ksh 27,402. In the absence of any contrary evidence or defence, the Tribunal held that the claimant was entitled to judgment for the outstanding sum, costs, and interest. The Tribunal emphasized the right to be heard but noted that this right was not violated as the respondent was given ample opportunity to participate. The...

Court Disposition

Claim allowed in full.

Orders

  • The respondent shall pay the claimant Ksh 27,402 as the outstanding purchase price.
  • The respondent shall pay the claimant costs of Ksh 30,000.