[2011] KEHC 3741 (KLR)

[2011] KEHC 3741 (KLR)

The court found that while the respondent rendered some services to the appellant and was paid Kshs.42,000/-, there was no written or implied contract establishing entitlement to the claimed Kshs.720,000/-. The evidence did not demonstrate how the claimed amount was agreed upon or calculated, and none of the documents produced by the respondent proved an agreement for payment of that sum. The internal memo relied upon lacked probative value as it was not formally tendered in evidence. The court held that the trial magistrate erred in accepting the respondent's claim without sufficient proof of the contract or the quantum. Consequently, the appeal was allowed, the lower court's judgment...

Citation
[2011] KEHC 3741 (KLR)
Parties
Appellant: Kerio Valley Development Authority; Respondent: Augustine M. Siwa
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
8 March 2011
Case Number
Civil Appeal 5 of 2009
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal_allowed
Legal Topics
Consultancy Fees Dispute, Burden of Proof, Implied Contracts, Quantum of Damages
Source Language
English
Civil Procedure Commercial and Corporate Consultancy Fees Dispute Burden of Proof Implied Contracts Quantum of Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Kerio Valley Development Authority

Appellant

Augustine M. Siwa

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether there was a valid contract, express or implied, between the plaintiff and defendant for consultancy services entitling the plaintiff to Kshs.720,000/-.
  2. 2 Whether the plaintiff proved on a balance of probabilities that he was entitled to the claimed sum.
  3. 3 Whether the trial magistrate erred in entering judgment for the plaintiff in the absence of sufficient evidence of an agreed fee.

Ratio Decidendi

The court found that while the respondent rendered some services to the appellant and was paid Kshs.42,000/-, there was no written or implied contract establishing entitlement to the claimed Kshs.720,000/-. The evidence did not demonstrate how the claimed amount was agreed upon or calculated, and none of the documents produced by the respondent proved an agreement for payment of that sum. The internal memo relied upon lacked probative value as it was not formally tendered in evidence. The court held that the trial magistrate erred in accepting the respondent's claim without sufficient proof of the contract or the quantum. Consequently, the appeal was allowed, the lower court's judgment...

Court Disposition

appeal_allowed

Orders

  • The judgment of the trial magistrate awarding Kshs.720,000/- to the plaintiff is set aside.
  • The plaintiff's suit against the defendant is dismissed with costs.