[2022] KEMSET 200 (KLR)

[2022] KEMSET 200 (KLR)

The Tribunal found that the Claimant had made every reasonable effort to serve the Respondent with the claim and hearing notices, as evidenced by affidavits of service and uncontroverted testimony. The Respondent failed to file any response or attend the hearing, and no explanation was provided for its absence. The Claimant's documentary evidence, including delivery notes, invoices, and debtor statements, established that goods worth Ksh. 70,760 were supplied and that the outstanding debt, including accrued interest up to July 2018 and partial payments, totaled Ksh. 99,960.20. In the absence of any contrary evidence, the Tribunal concluded that the Respondent was liable for the debt. The...

Citation
[2022] KEMSET 200 (KLR)
Parties
Applicant: R.H Devani Ltd; Respondent: Pilco Electrocool Associated
Court
Micro and Small Enterprises Tribunal
Jurisdiction
Kenya
Judgment Date
22 April 2022
Case Number
Tribunal Case E007 of 2021
Procedural Posture
Civil Claim / Judgment
Outcome
claim allowed
Judges
J.Bett, R.Katina, J.Were, A Gikuya
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

Pilco Electrocool Associated

Respondent

Procedural Posture

Civil Claim / Judgment

Legal Issues

  1. 1 Whether the Respondent was duly served with the claim and hearing notice.
  2. 2 Whether the Respondent has an outstanding debt of Ksh 99,960.20 for goods supplied by the Claimant.
  3. 3 Who bears the costs of the claim.

Ratio Decidendi

The Tribunal found that the Claimant had made every reasonable effort to serve the Respondent with the claim and hearing notices, as evidenced by affidavits of service and uncontroverted testimony. The Respondent failed to file any response or attend the hearing, and no explanation was provided for its absence. The Claimant's documentary evidence, including delivery notes, invoices, and debtor statements, established that goods worth Ksh. 70,760 were supplied and that the outstanding debt, including accrued interest up to July 2018 and partial payments, totaled Ksh. 99,960.20. In the absence of any contrary evidence, the Tribunal concluded that the Respondent was liable for the debt. The...

Court Disposition

claim allowed

Orders

  • The Respondent shall pay the Claimant the outstanding purchase price and interest of Ksh. 99,960.20.
  • The Respondent shall pay the Claimant costs of the claim assessed at Ksh. 30,000.