[2001] KEHC 584 (KLR)
The court found that the defendant admitted the principal sum but failed to contest the plaintiff's evidence regarding the agreed interest. The plaintiff's affidavit and the attached agreement established that interest was to be paid at the rate of USD 3,500 per month. Since the defendant did not file any replying...
Source-derived case information.
- Citation
- [2001] KEHC 584 (KLR)
- Parties
- Plaintiff: Dr. Osita Ogbu; Defendant: Violet Gatei
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2175 of ??
- Procedural Posture
- Civil Case / Summary Judgment Application Ruling
- Outcome
- judgment for the plaintiff
- Judges
- T Mbaluto
- Legal Topics
- Loan Agreements, Contractual Interest, Summary Judgment, Admitted Debt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Osita Ogbu
Plaintiff
Violet Gatei
Defendant
Procedural Posture
Civil Case / Summary Judgment Application Ruling
Legal Issues
- 1 Whether the defendant is liable to pay the agreed interest on the principal sum advanced by the plaintiff.
- 2 Whether summary judgment should be entered for the plaintiff for both the principal and interest as claimed.
Ratio Decidendi
The court found that the defendant admitted the principal sum but failed to contest the plaintiff's evidence regarding the agreed interest. The plaintiff's affidavit and the attached agreement established that interest was to be paid at the rate of USD 3,500 per month. Since the defendant did not file any replying affidavit or provide any explanation for refusing to pay the agreed interest, the court accepted the plaintiff's evidence as uncontroverted and true. On a balance of probability, the court held that the plaintiff had proved entitlement to both the principal and the agreed interest, and summary judgment was appropriate for the amounts claimed.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff for the principal sum of USD 25,000.
- Plaintiff awarded agreed interest in the sum of USD 7,449.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NO. 2175 OF 2000
DR. OSITA OGBU …………………………………………. PLAINTIFF VERSUS VIOLET GATEI ……………………………………….... DEFENDANT
RULING
The plaintiff has instituted this suit against the defendant to recover the sum of US Dollars 25,000 together with interest thereon which he says was agreed between the parties at US Dollars 7499 upto September, 2000.
The defendant admits owing the plaintiff US Dollars 25,000 but dispute the claim in respect of interest. By an application dated 7. 3.2001, the plaintiff moved this court for summary judgment as prayed in the plaint. Since the claim for the principal sum is admitted, this ruling will be confined to the issue of interest.
In support of the application, the plaintiff has sworn an affidavit on 12. 3.2001 annexed to which is a copy of an agreement which clearly shows that the defendant agreed to pay interest on the money advanced to her by the plaintiff at the rate of US Dollars 3,500 per month.
The defendant has not filed any replying affidavit to explain why she has declined to honour the agreement. Consequently, what the plaintiff states in his affidavit therefore stands uncontroverted. Given that position, the court must accept as true and correct the evidence contained in the plaintiff’s affidavit. On the basis of that evidence, I find the plaintiff’s claim inclusive of interest as claimed proved on a balance of probability.
Accordingly, judgment is entered in favour of the plaintiff against the defendant for the following sums:-
(a) The principal sum of US Dollars 25,000. (b) Agreed interest in the sum of US Dollars 7,449. (c) Interest on (a) and (b) above at court rates from the date of filing suit until payment in full. (d) Costs of the suit together with interest thereon.
The defendant will bear the plaintiff’s costs of this application.
Dated at Nairobi this 31st day of May, 2001.
T. MBALUTO JUDGE