[2001] KEHC 618 (KLR)
The court found that the plaintiff had proved, on a balance of probability, that it sold and delivered goods to the defendant at agreed prices and that the defendant failed to pay the outstanding sum. The defendant did not contest the claim or provide any evidence in rebuttal. The dishonoured cheque issued by the...
Source-derived case information.
- Citation
- [2001] KEHC 618 (KLR)
- Parties
- Plaintiff: Interchemie E. A. Limited; Defendant: Nakuru Veterinary Centre Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1658 of ??
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- T Mbaluto
- Legal Topics
- Sale of Goods, Contract Enforcement, Debt Recovery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Interchemie E. A. Limited
Plaintiff
Nakuru Veterinary Centre Limited
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant is indebted to the plaintiff for the sum claimed for goods sold and delivered.
- 2 Whether the plaintiff is entitled to judgment for the claimed sum, costs, and interest.
Ratio Decidendi
The court found that the plaintiff had proved, on a balance of probability, that it sold and delivered goods to the defendant at agreed prices and that the defendant failed to pay the outstanding sum. The defendant did not contest the claim or provide any evidence in rebuttal. The dishonoured cheque issued by the defendant further supported the plaintiff's claim. Consequently, the court held that the defendant was indebted to the plaintiff for the sum claimed, and the plaintiff was entitled to judgment for the amount, together with costs and interest at court rates.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered in favour of the plaintiff against the defendant for Shs.1,161,883.
- The defendant shall pay costs of the suit to the plaintiff.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NO. 1658 OF 2000
INTERCHEMIE E. A. LIMITED …………………….…… PLAINTIFF VERSUS NAKURU VETERINARY CENTRE LIMITED …….… DEFENDANT
JUDGMENT
The plaintiff, Interchemie E. A. Limited has instituted this suit against the defendant, Nakuru Veterinary Centre Limited, to recover the sum of Shs.1,161,883 plus interest thereon which said sum the plaintiff claims is due to it from the defendant in respect of assorted veterinary pharmaceutical products sold and delivered by the plaintiff to the defendant on diverse dates at an agreed cost shown in the respective delivery orders and invoices. The plaintiff avers that the total cost of the products was Shs.1,161,883/= and that in part payment thereof the defendant issued to the plaintiff its cheque No. 002127 dated 29. 7.2000 for Shs.391,875/= which said cheque upon presentment to the defendant’s bank was returned unpaid; Notice of the dishonour was given to the defendant.
Evidence in support of the plaintiff’s claim was tendered by Fatuma Abdalla Awali (PWI), a director and general manager of the plaintiff company. That evidence revealed that the plaintiff company which deals in Veterinary products as a wholesaler and distributor and has its Head Office in Holland where the manufacturing of the items is done, delivered to the defendant the goods described in the plaint and at the prices shown therein. The evidence further showed that the price was agreed at the figures stated in the plaint, that the goods having been accepted by the defendant the sum claimed in the plaint is due and owing by the defendant to the plaintiff. No witness was called to testify on behalf of the defendant and, consequently, the evidence tendered on behalf of the plaintiff stands uncontroverted.
On the basis of that evidence, I am satisfied, on a balance of probability, that the defendant is indebted to the plaintiff in the sum claimed in the plaint. Accordingly, I enter judgment in favour of the plaintiff against the defendant for the sum of Shs.1,161,883/= plus costs and interest thereon at court rates.
Dated at Nairobi this 20th day of July, 2001.
T. MBALUTO
JUDGE