[2021] KEHC 8835 (KLR)
The court found that the defendant, having admitted liability for the undisputed sum and failed to provide evidence of payment for the disputed sum as required by the consent, was liable for the total sum claimed by the plaintiff. The consent agreement, adopted as an order of the court, was clear in its terms, and...
Source-derived case information.
- Citation
- [2021] KEHC 8835 (KLR)
- Parties
- Plaintiff: Highchem Pharmaceuticals Limited; Defendant: Pentapharm Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 349 of 2013
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- B Ojoo
- Legal Topics
- Contract Debt Recovery, Consent Judgment, Settlement Agreements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Highchem Pharmaceuticals Limited
Plaintiff
Pentapharm Limited
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendant is liable to pay the sum claimed by the plaintiff as per the consent agreement.
- 2 Whether the defendant provided evidence of payment of the disputed sum as required by the consent.
- 3 Whether the plaintiff is entitled to interest and costs.
Ratio Decidendi
The court found that the defendant, having admitted liability for the undisputed sum and failed to provide evidence of payment for the disputed sum as required by the consent, was liable for the total sum claimed by the plaintiff. The consent agreement, adopted as an order of the court, was clear in its terms, and the defendant's non-compliance with the requirement to produce evidence of payment triggered the plaintiff's entitlement to judgment for the full amount. The court therefore entered judgment for the plaintiff for Ksh.9,314,295.70 with interest from the date of filing suit and awarded costs to the plaintiff.
Court Disposition
judgment for the plaintiff
Orders
- Judgment is entered for the plaintiff against the defendant for Kshs.9,314,295.70 together with interest at court rate from the date of filing suit until payment in full.
- The plaintiff shall have the costs of the suit together with interest thereon at court rate.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL & TAX DIVISION
CIVIL SUIT NO. 349 OF 2013
HIGHCHEM PHARMACEUTICALS LIMITED......PLAINTIFF
-VERSUS-
PENTAPHARM LIMITED........................................DEFENDANT
JUDGMENT
1. By a plaint dated 1/08/2013, the plaintiff sued the defendant for a sum of Ksh. 9,244,343/- together with interest thereon and costs. The defendant entered appearance but failed to file a defence. Judgment in default was entered, but thereafter the parties negotiated a settlement.
2. By a consent dated 7/09/2020, adopted by the court on 2/11/2020, the parties compromised the suit whereby a sum of Ksh.8,239,246/70 was found to be undisputed and therefore admitted as due and owing from the defendant to the plaintiff.
3. In paragraphs 4 and 5 of the consent, the parties agreed that the defendant was to produce evidence to show payment of Ksh.1,075,049/-within 7 days of the consent. As at 24/02/2021, the Defendant had not produced any evidence as to the payment of the said sum or any part thereof.
4. In this regard, in terms of paragraph 6 of the said consent, Judgment is hereby entered for the plaintiff against the defendant for Kshs.9,314,295/70 together with interest thereon at court rate from the date of filing suit until payment in full.
5. The Plaintiff shall have the costs of the suit together with interest thereon at court rate.
DATED, SIGNED and DELIVERED at NAIROBI this 4TH day of MARCH 2021.
A. MABEYA, FCI Arb
JUDGE