[2021] KEELC 798 (KLR)
The court found that the defendant, having been duly served and having failed to defend the claim for liquidated damages arising from breach of contract, was liable to the plaintiff. The court therefore entered judgment in favour of the plaintiff for the sum claimed, together with costs and interest at court rates,...
Source-derived case information.
- Citation
- [2021] KEELC 798 (KLR)
- Parties
- Plaintiff: Emmanuel AmukoyE; Defendant: Protas Opio Okoit
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E006 of 2021
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- AA Omollo
- Legal Topics
- Breach of Contract, Specific Performance, Liquidated Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel AmukoyE
Plaintiff
Protas Opio Okoit
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendant breached the contract with the plaintiff.
- 2 Whether the plaintiff is entitled to general damages or specific performance.
- 3 Whether the plaintiff is entitled to costs and interest.
Ratio Decidendi
The court found that the defendant, having been duly served and having failed to defend the claim for liquidated damages arising from breach of contract, was liable to the plaintiff. The court therefore entered judgment in favour of the plaintiff for the sum claimed, together with costs and interest at court rates, as the claim was unopposed and properly supported by the pleadings and evidence on record.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff in the sum of Kshs.386,700.
- Plaintiff awarded costs of the suit.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT BUSIA
ELC CASE NO. E006 OF 2021
EMMANUEL AMUKOYE...........................................................................PLAINTIFF
= VERSUS =
PROTAS OPIO OKOIT.............................................................................DEFENDANT
J U D G M E N T
1. The plaintiff filed a suit against the defendant via a plaint dated 12th February 2021 seeking the following orders against the defendant;
a) General damages for breach of contract and in the alternative an order for specific performance as per clause 4 of the plaint.
b) Costs and interests from the date of commencement of contract on 28/9/2020.
c) Any other relief that this Honourable Court may deem fit and expedient to grant.
2. The defendant was duly served and the claim herein is for liquidated damages, which has not been defended.
3. Therefore, I enter judgment for the plaintiff in the sum of Kshs.386,700 plus costs and interest at Court rates.
DATED, SIGNED AND DELIVERED AT BUSIA THIS 23RD DAY OF NOVEMBER 2021.
A. OMOLLO
JUDGE