[2000] KEHC 139 (KLR)

[2000] KEHC 139 (KLR)

The court found that the plaintiff had proved its case on a balance of probabilities. The defendant guaranteed the hire purchase facility advanced to Mr. Osiemo, who defaulted on repayment. The plaintiff's evidence was unchallenged, as the defendant failed to call any witness or provide credible defence. The court...

Source-derived case information.

Citation
[2000] KEHC 139 (KLR)
Parties
Plaintiff: Shield Hire Purchase Limited; Defendant: Surgilinks Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
15 December 2000
Case Number
? 584 of ??
Procedural Posture
Civil Case / Judgment
Outcome
Judgment for the plaintiff.
Legal Topics
Hire Purchase Agreements, Guarantee Liability, Debt Recovery
Source Language
english
Commercial and Corporate Hire Purchase Agreements Guarantee Liability Debt Recovery

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Shield Hire Purchase Limited

Plaintiff

Surgilinks Limited

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the defendant is liable as guarantor for the outstanding debt under the hire purchase agreement.
  2. 2 Whether the plaintiff has proved its claim for the sum advanced and interest as stipulated in the agreement.

Ratio Decidendi

The court found that the plaintiff had proved its case on a balance of probabilities. The defendant guaranteed the hire purchase facility advanced to Mr. Osiemo, who defaulted on repayment. The plaintiff's evidence was unchallenged, as the defendant failed to call any witness or provide credible defence. The court accepted the plaintiff's evidence regarding the amount advanced, the default, and the applicable interest. Consequently, the defendant, as guarantor, was held liable for the outstanding sum, interest, and costs as prayed in the plaint.

Court Disposition

Judgment for the plaintiff.

Orders

  • Judgment entered in favour of the plaintiff against the defendant as prayed in the plaint.
  • The defendant to pay the sum of Kshs 512,923 plus interest at 5% per month from July 15, 1999 until payment in full.