[2019] KEHC 456 (KLR)
The court found that the defendant had complied with the judgment by rendering full accounts on the plaintiff's loan status, including principal, interest, fees, expenses, and deductions for monies collected from the suit properties. As the plaintiff did not challenge or contest the accuracy or completeness of these...
Source-derived case information.
- Citation
- [2019] KEHC 456 (KLR)
- Parties
- Plaintiff: Municipal Council of Kisumu; Defendant: National Housing Corporation
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 26 of 2005
- Procedural Posture
- Civil Case / Post Judgment Ruling on Accounts
- Outcome
- Plaintiff held liable for the sum stated in the rendered accounts as at 31st March 2019.
- Legal Topics
- Loan Accounts, Interest Calculation, Debt Recovery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Municipal Council of Kisumu
Plaintiff
National Housing Corporation
Defendant
Procedural Posture
Civil Case / Post Judgment Ruling on Accounts
Legal Issues
- 1 Whether the defendant rendered a full and accurate account of the plaintiff's loan status from 31st December 2009.
- 2 Whether the plaintiff owes the defendant the sum stated in the rendered accounts as at 31st March 2019.
Ratio Decidendi
The court found that the defendant had complied with the judgment by rendering full accounts on the plaintiff's loan status, including principal, interest, fees, expenses, and deductions for monies collected from the suit properties. As the plaintiff did not challenge or contest the accuracy or completeness of these accounts, the court held that the accounts were uncontroverted and therefore represented an accurate reflection of the debt owed. Consequently, the court confirmed that as at 31st March 2019, the plaintiff owed the defendant the sum of Kshs 1,028,103,460.90.
Court Disposition
Plaintiff held liable for the sum stated in the rendered accounts as at 31st March 2019.
Orders
- The accounts rendered by the defendant are adopted as accurate and uncontroverted.
- As at 31st March 2019, the plaintiff owes the defendant Kshs 1,028,103,460.90.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
CIVIL CASE NO. 26 OF 2005
MUNICIPAL COUNCIL OF KISUMU............................... PLAINTIFF
VERSUS
NATIONAL HOUSING CORPORATION............................... DEFENDANT
RULING
On 17th September 2018 the Court delivered its Judgment, in which it held that the Plaintiff owed to the Defendant the sum of Kshs 565,071,199. 78, as at 31st December 2009.
1. The learned Judge ordered the Defendant to render a full Account on the status of the Plaintiff’s loans from 31st December 2009.
2. The Court ordered that the Accounts were to include the chargeable Interest, in accordance with each Loan Agreement, as well as the monies received from the suit properties and the amount charged for Fees and Expenses.
3. The Defendant was supposed to render the Accounts within 6 months from the date of the Judgment.
4. The record shows that the Defendant filed a document titled
“Full Accounts on Debt owed by Municipal Council of Kisumu to National HousingCorporation ……”
5. The Accounts were said to cover the period between 1st January 2010 and 31st March 2019.
6. According to the Accounts filed in court, the total amount due from the Plaintiff was Kshs 1,028,103,460. 88.
7. That balance is made up of the following amounts;
(a)The sum for which
Judgment was entered ………. 565,071,199. 78
(b)Chargeable Interest …………. 536,736,836. 00
(c)Charges for Fees
and Expenses …………………… 65,899,614. 23
Sub Total1,167,707,650. 1
LESSmoney collected - 139,604,189. 17
BALANCE1,028,103,460. 9
8. The Plaintiff did not challenge the Accounts which had been provided by the Defendant. Therefore, I do now hold that the said Accounts were uncontroverted, and thus represent an accurate reflection of the money owed by the Plaintiff to the Defendant.
9. For the avoidance of any doubt, I find that as at 31st March 2019 the Plaintiff owed the Defendant the sum of Kshs 1,028,103,460/90.
DATED, SIGNED and DELIVERED at KISUMU
This4thday of December2019
FRED A. OCHIENG
JUDGE