[2000] KEHC 515 (KLR)
The court found that the plaintiff had delivered goods to the defendant valued at KES 1,538,175 and that only KES 172,800 had been paid by cheque, with an admitted payment of KES 600,000. The defendant failed to provide credible evidence of further payments or a valid defence. The court accepted the plaintiff's...
Source-derived case information.
- Citation
- [2000] KEHC 515 (KLR)
- Parties
- Plaintiff: Munshiram International Machines Ltd; Defendant: Mansukhlal V. Hindocha
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 900 of 1999
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment_for_plaintiff
- Legal Topics
- Sale of Goods, Debt Recovery, Contract Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Munshiram International Machines Ltd
Plaintiff
Mansukhlal V. Hindocha
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant is indebted to the plaintiff for goods delivered as claimed in the plaint.
- 2 Whether the defendant has made payments towards the debt and if so, the amount to be credited.
- 3 Whether the defendant's conduct amounted to delaying tactics warranting adverse inference.
Ratio Decidendi
The court found that the plaintiff had delivered goods to the defendant valued at KES 1,538,175 and that only KES 172,800 had been paid by cheque, with an admitted payment of KES 600,000. The defendant failed to provide credible evidence of further payments or a valid defence. The court accepted the plaintiff's evidence and concluded that the balance of KES 1,365,375 was due and owing. The defendant's repeated attempts to delay the proceedings were noted and rejected. Judgment was entered for the plaintiff for the outstanding sum, interest at 20% from 9 July 1999 until payment in full, and costs, with credit given for the admitted payment.
Court Disposition
judgment_for_plaintiff
Orders
- Judgment entered for the plaintiff for KES 1,365,375.
- Interest awarded at 20% per annum from 9 July 1999 until payment in full.
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. 900 OF 1999.
MUNSHIRAM INTERNATIONAL MACHINES LTD..............PLAINTIFF VERSUS MANSUKHLAL V. HINDOCHA............................................DEFENDANT
J U D G M E N T The hearing of this case commenced on the 11. 10. 2000 when the Defendant applied for an adjournment which was refused. previously the Defendant has embarked on a case of delaying the hearing of this matter in a number of occasions. Judgment was given by Mr. Justice Mulwa .on the 19. 1.2000 which I set aside due to the alleged indisposition of Miss Wanja on the date fixed for the application for summary judgment.
After the examination in chief of the Plaintiff’s witness the Defendant advocate Mr. Sheth asked for a week after which he wished to cross-examine the witness. I granted the adjournment reluctantly and stood the matter over until the 8. 11. 2000 at 10. 30a.m.
The matter came on before me at 10. 301. m. and Mr. Mbaabu appeared but Mr. Shethi did not Mr. Shethi came before at 2. 30p.m. saying he had mistaken the time. I regret I do not believe this to be true and was just another delaying tactic on behalf of the Defendant. This Defendant has more than enough indulgences in this matter.
Having heard the Plaintiff’s witness whose evidence I accept I am satisfied that the Plaintiff delivered goods to the value of Shs.1,538,175/- to the Defendant and that this sum was due to the Plaintiff and no payment as alleged by the Defendant has been made other than a sum of Shs.172,800/- paid by cheque. The balance due to the Plaintiff s Shs.1,365,375/- as claimed in the plaint and I award judgment for this sum together with interest thereon at 20% from the 9. 7.99 until payment in full and the costs of this suit. The Defendant to have credit for the sum of Shs.600,000/- paid in the admitted amount.
Dated and delivered at Nairobi this 15th day of November, 2000.
PHILIP J. RANSLEY COMMISSIONER OF ASSIZE.