[2016] KEHC 8562 (KLR)
The court found that the defendant, having failed to file a defence and having admitted the debt both by correspondence and conduct, had no defence to the plaintiff's claim. The plaintiff provided documentary proof of the outstanding balance and the defendant's proposal to settle by installments. The court held that...
Source-derived case information.
- Citation
- [2016] KEHC 8562 (KLR)
- Parties
- Plaintiff: Elecage Holdings Limited; Defendant: Comarco Construction Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 557 of 2014
- Procedural Posture
- Civil Suit / Summary Judgment Application
- Outcome
- Judgment entered for the plaintiff for Kshs. 24,100,000/- plus interest and costs.
- Legal Topics
- Summary Judgment, Debt Recovery, Default of Defence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elecage Holdings Limited
Plaintiff
Comarco Construction Company Limited
Defendant
Procedural Posture
Civil Suit / Summary Judgment Application
Legal Issues
- 1 Whether the plaintiff is entitled to summary judgment for the outstanding debt claimed.
- 2 Whether the defendant has raised any triable issue or defence to the plaintiff's claim.
- 3 Whether the plaintiff is entitled to interest and costs as prayed.
Ratio Decidendi
The court found that the defendant, having failed to file a defence and having admitted the debt both by correspondence and conduct, had no defence to the plaintiff's claim. The plaintiff provided documentary proof of the outstanding balance and the defendant's proposal to settle by installments. The court held that there was no triable issue and that summary judgment was appropriate. Judgment was therefore entered for the plaintiff for the sum of Kshs. 24,100,000/-, with interest at 14% per annum from the date of filing suit, and costs to the plaintiff, with interest on costs at 9% per annum from the date of ascertainment.
Court Disposition
Judgment entered for the plaintiff for Kshs. 24,100,000/- plus interest and costs.
Orders
- Judgment for the plaintiff in the sum of Kshs. 24,100,000/-.
- Interest at 14% per annum from 28th November 2014 until payment in full.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL AND ADMIRALTY DIVISION
CIVIL SUIT NO. 557 OF 2014
ELECAGE HOLDINGS LIMITED…………...……...….........…PLAINTIFF
- VERSUS -
COMARCO CONSTRUCTION COMPANY LIMITED..........DEFENDANT
RULING
1. The application dated 5th November 2015 is for summary judgement.
2. The claim lodged by the plaintiff was for Kshs. 36,100,000/- together with interest from the date when the plaint was filed in court.
3. The plaintiff also claimed the costs of the suit, plus interest on the said costs.
4. Having been served with the Plaint, the defendant entered appearance through the Law Firm of Mathew Nyabena & Company Advocates.
5. However, the defendant did not file any defence to the claim.
6. The plaintiff has disclosed that the defendant had already paid a total of Kshs. 13,000,000/- to the plaintiff. Following the remittance of that sum, the balance still due and owing from the defendant was Kshs. 24,100,000/-.
7. The plaintiff has provided the court with documentary proof that the defendant had made an offer to settle the balance through monthly installments.
8. The court records also show that on 26th January 2016, Miss Weya advocate held brief for Mr. Nyabena, the learned advocate for the defendant. Through its advocate, the defendant made it clear to the court that it had made further payments.
9. In effect, the defendant has confirmed, by letter and also by conduct, that it did not have any defence to the claims.
10. Accordingly, I find that, as at 5th November 2015, the defendant owed Kshs. 24,100,000/-, to the plaintiff. Therefore, I now enter judgement in favour of the plaintiff, for the sum of Kshs. 24,100,000/-.
11. The said sum will attract interest at 14% per annum from 28th November 2014, when the suit was filed in court.
12. The defendant is also ordered to pay to the plaintiff, the costs of the suit and the costs of the application dated 5th November 2015.
13. The costs will attract interest at 9% per annum from the date when the quantum is ascertained whether by consensus or by taxation.
DATED, SIGNED and DELIVERED at NAIROBI this6th dayof April2016.
FRED A. OCHIENG
JUDGE
Ruling read in open court in the presence of:
Miss Wambani for the Plaintiff
No appearance for the Defendant
Collins Odhiambo – Court clerk.