[2021] KEMC 7 (KLR)
The court found that the claimant had proved the existence of a contractual relationship with the respondent, the respondent's failure to pay the agreed school fees, and the amount outstanding. The respondent did not contest the claim or provide evidence to the contrary. On a balance of probabilities, the court was...
Source-derived case information.
- Citation
- [2021] KEMC 7 (KLR)
- Parties
- Plaintiff: Iavington Montessori Kindergarten Limited; Defendant: Jack Owino
- Court
- Magistrate's Court
- Court Station
- Chief Magistrate's Court (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Suit 020 of 2021
- Procedural Posture
- Small Claim / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Breach of Contract, School Fees Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Iavington Montessori Kindergarten Limited
Plaintiff
Jack Owino
Defendant
Procedural Posture
Small Claim / Judgment
Legal Issues
- 1 Whether the respondent breached the contract by failing to pay outstanding school fees.
- 2 Whether the claimant is entitled to damages, interest, and costs for breach of contract.
Ratio Decidendi
The court found that the claimant had proved the existence of a contractual relationship with the respondent, the respondent's failure to pay the agreed school fees, and the amount outstanding. The respondent did not contest the claim or provide evidence to the contrary. On a balance of probabilities, the court was satisfied that the claimant was entitled to judgment for the outstanding sum, interest, and costs as prayed. The court therefore entered judgment in favour of the claimant for Kshs 470,087 plus interest at court rates from the date of filing suit, and awarded costs of the suit and interest at court rates from the date of judgment.
Court Disposition
judgment for the plaintiff
Orders
- The defendant shall pay the plaintiff Kshs 470,087 plus interest at court rates from the date of filing suit.
- The plaintiff is awarded costs of the suit and interest at court rates from the date of judgment.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE SMALL CLAIMS COURT AT NAIROBI
SCCCOM 020 OF 2021
IAVINGTON MONTESSORI KINDERGARTEN LIMITED................CI AIMANT
VERSUS
JACK OWINO........................................................................................RESPONDENT
JUDGMENT
By a plaint dated 20th January 2020, the claimant seeks judgment to be entered against the Respondent for;
a. Damages for breach of contract
b. Kshs 470,087being the outstanding school fees arrears
c. Costs of and incidental to this suit
d. Interest on (a), (b) and (c) above at court rates from the date they fell due
until payment in fnlh
e. Such other and further relief that this honourable court may deem just and fit to grant.
In brief, the claimant avers that on or about the month of January 2019, the Respondent approached it to have his son O.T.J enrolled to its school in Lavington area Nairobi. The Respondent was duly informed the terms of engagement and for which he duly filed and executed the requisite application form.
contravene the plaintiff s allegations and therefore the court finds that the plaintiff has proved its case against the defendant to the required standard.
Disposition
The upshot is that the plaintiff has proved its case on a balance of probabilities, consequently, judgment is entered against the defendant for;
a. Kshs 470,087/- plus interest at court rates from the date of filing suit.
b. The plaintiff is also awarded costs of the suit and interest at court rates from the date of judgment.
HON. B.J OFISI (MRS)
RESIDENT MAGISTRATE
Judgment read, signed and delivered virtually this .5th day of May 2021
In the presence/absence of:
Plaintiffs Advocate:
Defendant’s Advocate
C/A -HELIDAH