[2002] KEHC 100 (KLR)
The court found that the plaintiff's evidence of breach of contract and resulting damages was uncontested, as the defendant failed to attend the hearing or challenge the plaintiff's testimony. The plaintiff produced documentary evidence supporting the claim, including agreements and a lower court order. The court...
Source-derived case information.
- Citation
- [2002] KEHC 100 (KLR)
- Parties
- Plaintiff: Julius Mwova Kyondo; Defendant: William Kea Kashuru
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 543 of 2000
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- Breach of Contract, Special Damages, Contract Enforcement
- 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
Julius Mwova Kyondo
Plaintiff
William Kea Kashuru
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendant breached the agreement with the plaintiff.
- 2 Whether the plaintiff is entitled to special damages as claimed.
- 3 Whether the plaintiff is entitled to interest and costs.
Ratio Decidendi
The court found that the plaintiff's evidence of breach of contract and resulting damages was uncontested, as the defendant failed to attend the hearing or challenge the plaintiff's testimony. The plaintiff produced documentary evidence supporting the claim, including agreements and a lower court order. The court held that the plaintiff had discharged the burden of proof for the claimed sum, less the amount already paid. Judgment was therefore entered for the plaintiff in the sum of KES 1,295,000 with interest from March 1998 at court rates, subject to deduction of KES 120,000 previously paid. Costs were also awarded to the plaintiff.
Court Disposition
Judgment for the plaintiff.
Orders
- Judgment entered for the plaintiff against the defendant in the sum of KES 1,295,000 with interest from March 1998 at court rates.
- The sum of KES 120,000 already paid is to be deducted from the judgment sum.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN TH HIGH COURT OF KENYA
AT MOMBASA
CIVIL SUIT NO. 543 OF 2000
JULIUS MWOVA KYONDO …………………………….. PLAINTIFF
V E R S U S
WILLIAM KEA KASHURU ……………………………………DEFENDANT
J U D G M E N T
The plaintiff filed this suit on 10. 11. 2000 against defendant. The cause of action arose from an agreement as pleaded in the plaint. Special damage arising of breach of the agreement are pleaded at shs. 1,459. 629. 75.
A statement of defence was filed which is a general denial. On 23. 8.2002 on application this court entered judgment in the sum of shs. 120,000/- in favour of the plaintiff. The remainder of the suit was heard on 6. 10. 04. When plaintiff attended and the counsel for defendant said the defendant was not in court although hearing notice was served. Mr. Hare did not press the matter further.
Mr. Tindika for plaintiff requested to proceed and called first witness the plaintiff who testified in support of his plaint. He said the damaged goods caused by defendant was valued shs. 14,659. 75 and that he had spent shs. 150,000/- in compliance of his part of agreement. The defendant was taken to Criminal court and the defendant was fined. The plaintiff produced exhibits including agreements, pleadings and order from lower court (Achode SRM) paragraph (1) where the defendant was restrained from committing the breach of agreement. The plaintiff claimed shs. 1295. 000/- plus interest from 1998 March. The witness was not cross –examined by defendant counsel who just left court.
After considering the evidence led by plaintiff and seeing it is not controveted I now enter judgment for plaintiff against the defendant in the sum of shs. 1,295. 000/- with interest from March 1998 at court rates. Costs shall be to the plaintiff. The sum of shs. 120,000/- is to be deducted from this sum.
Dated this 19th day of November, 2004.
J.KHAMINWA
JUDGE
19. 11. 04
Khaminwa Judge
Jason – Court clerk
Mr. Tindika Non appearance for defendant
Judgment read in court.