[2021] KEHC 13387 (KLR)
The court found that the Appellant's calculations of the principal sum, based on the statements of account and in accordance with the court's previous directions, were accurate. The principal sum owed by the Respondent to the Appellant is Kshs. 104,138.25, being the sum of the credit card debt, bulletin fees, and...
Source-derived case information.
- Citation
- [2021] KEHC 13387 (KLR)
- Parties
- Appellant: National Bank of Kenya; Respondent: Patrick Analo Chavanga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 208 & 274 of 2008
- Procedural Posture
- Civil Appeal / Post Judgment Ruling on Assessment of Principal Sum and Interest
- Outcome
- Judgment entered for the Appellant for the principal sum of Kshs. 104,138.25 with interest as per prior judgment.
- Judges
- BT Jaden
- Legal Topics
- Credit Card Debt, Interest Calculation, Judgment Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Bank of Kenya
Appellant
Patrick Analo Chavanga
Respondent
Procedural Posture
Civil Appeal / Post Judgment Ruling on Assessment of Principal Sum and Interest
Legal Issues
- 1 What is the correct principal sum owed by the Respondent to the Appellant as per the court's prior judgment.
- 2 How should interest be calculated on the principal sum in accordance with the court's directions.
Ratio Decidendi
The court found that the Appellant's calculations of the principal sum, based on the statements of account and in accordance with the court's previous directions, were accurate. The principal sum owed by the Respondent to the Appellant is Kshs. 104,138.25, being the sum of the credit card debt, bulletin fees, and legal fees, less the legal fees as directed. Interest is to be applied as per the terms of the prior judgment, specifically at court rates from the date of filing suit until payment in full. The Respondent, having failed to appear or file submissions, did not contest the Appellant's calculations or arguments. The court therefore entered judgment for the Appellant for the...
Court Disposition
Judgment entered for the Appellant for the principal sum of Kshs. 104,138.25 with interest as per prior judgment.
Orders
- Judgment is entered for the Appellant against the Respondent for the principal sum of Kshs. 104,138.25.
- Interest shall apply as per the judgment delivered on 16th December, 2019.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
HIGH COURT CIVIL APPEAL 274 OF 2008
CONSOLIDATED WITH
HIGH COURT CIVIL APPEAL 186 OF 2012
CONSOLIDATED WITH
HIGH COURT CIVIL APPEAL 208 OF 2008
NATIONAL BANK OF KENYA..................................APPELLANT
VERSUS
PATRICK ANALO CHAVANGA............................RESPONDENT
RULING
1. On 16th December, 2019, this court delivered judgment in the following terms;
a) That judgment is hereby entered for the Plaintiff against the 1st Defendant for the principal sum (less 20,000/= legal fees) at the Interest rate of 5% per month up to the date of filing suit on 20th November, 1998
b). The principal sum to be assessed by way of mathematical calculations (based on the transactions reflected in the statements already produced in court) through written submissions on a date to be given by court.
c) The Interest on the principal sum ascertained above (b) to accrue at court rates from the date of filing suit until payment in full.
d). The Appeals having been partially successful, each party to bear own costs of the Appeal
e) The costs in the lower court to remain with the Plaintiff.
2. Further directions were given by this court on the date of the judgment directing parties to file supplementary submissions.
3. The Appellant did file its submissions. There was no appearance nor submissions filed on the part of the Respondent though duly served with the mention notice and the supplementary submissions by the Appellant.
4. The Appellant submitted that as at 31st March, 1997, the Respondent had spent Kshs. 100,223. 25 on the credit card as reflected on the statement at page 81 of the record of Appeal in Civil Appeal 186 of 2012. That for the period September 1997 untill April 1998, bulletin fees of Kshs. 3,915 were incurred as reflected at pages 87 to 94 of the record of Appeal in Civil Appeal 186 of 2012. Further that legal fees of Kshs. 20,000 was charged in May 1998, as reflected at page 95 of the record of Appeal in Civil Appeal 186 of 2012.
5. In total, Kshs. 100,223. 25 + Kshs. 3,915 + Kshs. 20,000 = Kshs. 124, 138. 25. Less Kshs. 20,000, Kshs. 124. 138. 25-kshs. 20,000 = 104,138. 25.
6. The Appellant prays that this court finds that Kshs. 104,138. 25 is the principal sum. I have perused the record and confirmed that the calculations as tabulated herein by the Appellant reflect the true position. I therefore enter judgment for the Appellant against the Respondent for the Principal Sum of Kshs. 104,138. 25. Interests shall apply as per the judgment herein.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 23RD DAY OF SEPT., 2021
B. THURANIRA JADEN
JUDGE