[2005] KECA 287 (KLR)
The Court of Appeal found that the respondent was entitled to judgment in the sum of Kshs. 1,500,000, inclusive of all interests, as decreed by the High Court. The appellants were to be credited with the Kshs. 1,000,000 already paid. The court affirmed the High Court's decision regarding the principal sum and costs,...
Source-derived case information.
- Citation
- [2005] KECA 287 (KLR)
- Parties
- Appellant: M.R. Construction (K) Ltd.; Appellant: Coast Project Ltd.; Respondent: Mrs. Sarvjit Kaur Rayet
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 261 of 2003
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Appeal dismissed; judgment for the respondent with credit for sums already paid; no order as to costs of appeal and cross-appeal.
- Legal Topics
- Contractual Liability, Debt Recovery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M.R. Construction (K) Ltd.
Appellant
Coast Project Ltd.
Appellant
Mrs. Sarvjit Kaur Rayet
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellants were liable to pay the respondent the sum claimed under the contract.
- 2 Whether the sum already paid by the appellants should be credited against the judgment amount.
- 3 Whether the respondent was entitled to costs of the suit.
Ratio Decidendi
The Court of Appeal found that the respondent was entitled to judgment in the sum of Kshs. 1,500,000, inclusive of all interests, as decreed by the High Court. The appellants were to be credited with the Kshs. 1,000,000 already paid. The court affirmed the High Court's decision regarding the principal sum and costs, holding that the respondent had established her claim and was entitled to the balance due. No order was made as to the costs of the appeal and cross-appeal, reflecting the court's discretion in the circumstances.
Court Disposition
Appeal dismissed; judgment for the respondent with credit for sums already paid; no order as to costs of appeal and cross-appeal.
Orders
- Judgment entered for the respondent in the sum of Kshs. 1,500,000 inclusive of all interests.
- Respondent awarded costs of the suit in the superior court, to be agreed or taxed if not agreed.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (CORAM: OMOLO, O’KUBASU & ONYANGO OTIENO, JJ.A) CIVIL APPEAL NO. 261 OF 2003
BETWEEN M.R. CONSTRUCTION (K) LTD. ………………….…………1ST APPELLANT COAST PROJECT LTD. ……………………………..………..2ND APPELLANT AND MRS. SARVJIT KAUR RAYET ………………………………….RESPONDENT
(Appeal from the Judgment and Decree of the High Court of Kenya at Mombasa (Khaminwa, J) dated 25th March 2002 in H.C.C.C. No. 80 of 1997 ***********************
JUDGMENT OF THE COURT We are grateful to counsel on both sides for lightening our burden in this matter.
We enter judgment for the respondent Mrs. Sarvjit Kaur Rayet in the sum of Kshs.1,500,000/- i.e. Kshs. one million and five hundred thousand only, that sum to be inclusive of all interests. We award to the respondent the costs of the suit in the superior court, such costs to be agreed or if not agreed to be taxed. As the appellants have already paid to the respondent the sum of Kshs. one million, the appellants are to be given credit for that sum. We make no order as to the costs of the appeal and the cross-appeal. Those are our orders.
Dated and delivered at Mombasa this 19th day of January 2005.
R.S.C. OMOLO …………………….. JUDGE OF APPEAL E.O. O’KUBASU …………………………. JUDGE OF APPEAL J.W. ONYANGO OTIENO ………………………….. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR