[2000] KEHC 316 (KLR)
The court found that the defendant had expressly admitted owing the sum of Ksh.620,000 to the plaintiff, both through a handwritten note and by providing security in the form of a title deed and a motor vehicle. The defendant failed to file a timely opposition or attend the hearing, and there was no evidence of a...
Source-derived case information.
- Citation
- [2000] KEHC 316 (KLR)
- Parties
- Plaintiff: Olesolian Enterprises Ltd.; Defendant: Joseph Mwangi Ngure
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 252 of 1996
- Procedural Posture
- Civil Case / Judgment
- Outcome
- summary judgment for the plaintiff
- Legal Topics
- Summary Judgment, Debt Recovery, Admission of Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Olesolian Enterprises Ltd.
Plaintiff
Joseph Mwangi Ngure
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant is liable to pay the sum of Ksh.620,000 to the plaintiff as proceeds received on their behalf.
- 2 Whether summary judgment should be entered against the defendant based on admission of liability.
Ratio Decidendi
The court found that the defendant had expressly admitted owing the sum of Ksh.620,000 to the plaintiff, both through a handwritten note and by providing security in the form of a title deed and a motor vehicle. The defendant failed to file a timely opposition or attend the hearing, and there was no evidence of a triable issue. Accordingly, the court held that the plaintiff was entitled to summary judgment for the amount claimed, with interest and costs.
Court Disposition
summary judgment for the plaintiff
Orders
- Summary judgment entered against the defendant for Ksh.620,000.
- Interest awarded at 12% per annum from the date of filing suit.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 252 OF 1996
OLESOLIAN ENTERPRISES LTD. ..................... PLAINTIFF VERSUS JOSEPH MWANGI NGURE ......... ........................ DEFENDANT
JUDGMENT
Joseph Mwangi Ngure was sued by the plaintiffs M/s Olesolian enterprises Ltd for a claim of Ksh.620,000 being the amount of moneys received by sales proceeds that belonged to the plaintiff.
The defendant, Joseph Mwangi Ngure entered appearance through his advocate and filed defence. He denied the allegations and went further to sate that the plaintiff had forcefully taken a log book for his vehicle returned to him.
The plaintiff applied for summary judgement by way of a notice of motion dated 17. 10. 96. Service of this was effected on the defendants on 24. 10. 96. He filed his grounds of opposition almost a year after service. It is most certainly out of time.
On the day the application came for hearing neither the defendant/respondent or his advocate attended courts.
The applicant stated through their advocate that the defendant/respondent had admitted he owned the said sum. That he infact gave to the plaintiff a title deed and a motor vehicle to be held by them as security. This I believe was whilst he made arrangements to pay he said amount. These proceeding are still in the possession of the plaintiff.
The defendant had by a hand written note confessed and admitted taking the said sums of moneys. That he would thereafter play the same on 17. 11. 95. This was after he gave them the title and the vehicle.
I am satisfied that the defendant owns the said sum of money. He has admitted the same.
I hereby enter summary judgement against the defendants and for the plaintiff for the sum of Ksh.620,000/- as prayed.
I award interest of this sum from the date of filing suit at 12% per annum.
I award costs to the plaintiffs of this suit.
Dated this 20th day of July, 2000 at Nairobi.
M.A. ANG’AWA
JUDGE