[2013] KEHC 4094 (KLR)
This ruling is limited to setting out the issues for trial after the parties failed to agree on them. The court, upon reviewing the pleadings, has identified the central factual and legal questions that will govern the trial, including the existence and terms of an agency agreement, the nature and purpose of...
Source-derived case information.
- Citation
- [2013] KEHC 4094 (KLR)
- Parties
- Plaintiff: The Registrar Trustees of Diocese of Mt. Kenya South Anglican Church of Kenya; Defendant: Charles Wachira Ngundo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 456 of 2004
- Procedural Posture
- Civil Case / Pre Trial Directions; Identification of Issues for Trial
- Outcome
- Issues for trial set; certificate of compliance for trial granted.
- Judges
- A Mabeya
- Legal Topics
- Agency Relationships, Sale of Land, Loan Agreements, Interest Rates, Indebtedness, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Registrar Trustees of Diocese of Mt. Kenya South Anglican Church of Kenya
Plaintiff
Charles Wachira Ngundo
Defendant
Procedural Posture
Civil Case / Pre Trial Directions; Identification of Issues for Trial
Legal Issues
- 1 Was there an agreement between the Plaintiff and Defendant for the Defendant to act as agent to facilitate purchase of property?
- 2 Was it a condition of the agreement that the Defendant would procure loans for the purchase?
- 3 Did the Plaintiff execute a Sale Agreement to purchase LR No.11781/9 in 1997 for Kshs.32 million?
Ratio Decidendi
This ruling is limited to setting out the issues for trial after the parties failed to agree on them. The court, upon reviewing the pleadings, has identified the central factual and legal questions that will govern the trial, including the existence and terms of an agency agreement, the nature and purpose of payments made, the question of indebtedness, and the applicable interest rate. No substantive determination of the merits has been made at this stage.
Court Disposition
Issues for trial set; certificate of compliance for trial granted.
Orders
- The issues for trial are as set out in this ruling.
- Certificate of compliance for trial is granted.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Civil Case 456 of 2004 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
THE REGISTRAR TRUSTEES OF DIOCESE OF MT. KENYA
SOUTH ANGLICAN CHURCH OF KENYA ........................................… PLAINTIFF
VERSUS
CHARLES WACHIRA NGUNDO ........................................................ DEFENDANT
R U L I N G
1. This is a ruling on pre-trial directions as to the issues for trial in this case. The suit was commenced by a Plaint filed on 13th August, 2004. The Defence was filed on 21st October, 2004. The parties failed to agree on the issues for trial.
2. Having studied the pleadings herein, these are the issues for trial:-
a)Was there an agreement between the Plaintiffs and the Defendant for the latter to act as an agent of the Plaintiff to facilitate purchase of a property?
b)If so, was it a condition of that agreement that the Defendant would procure loans for the said purchase in pursuance thereof?
c)Did the Plaintiff execute a Sale Agreement to purchase LR No.11781/9 in 1997 for Kshs.32million?
d)For what purpose was the sum of Kshs.11,958,000/- paid to the Defendant by the Plaintiff?
e)Is the Defendant indebted to the Plaintiff in the sum of Kshs.7,625,000/- out of the sum of Kshs.11,950,000/- paid to him?
f)Was the amount paid to the Defendant borrowed at interest of 29% p.a. from Barclays? If so, was the Defendant aware of that fact?
g)If there is any monies due from the Defendant to the Plaintiff, at what rate of interest?
h)What orders as to costs?
With this, the court is to give a certificate of compliance for trial.
DATEDand DELIVERED at Nairobi this 19th day of April, 2013.
.......................................
A.MABEYA
JUDGE
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