[2025] KEHC 10265 (KLR)

[2025] KEHC 10265 (KLR)

The court found that the appellant failed to establish duress or coercion in the execution of the contract for agency fee payment. The evidence adduced did not support the appellant's claims, and the contract was enforceable as written. The small claims court had proper jurisdiction over the matter. Consequently, the grounds of appeal relating to both the contract terms and jurisdiction were without merit, and the appeal was dismissed with costs to the respondent.

Citation
[2025] KEHC 10265 (KLR)
Parties
Appellant: Susan; Respondent: Kibiwott T. Cherono
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
16 July 2025
Case Number
Civil Appeal E200 of 2023
Procedural Posture
Civil Appeal / Final Order After Appeal Determination
Outcome
Appeal dismissed with costs to the respondent. Security deposit to be released to respondent's advocates.
Judges
RN Nyakundi
Legal Topics
Appeal Dismissal, Contract Enforcement, Agency Fee Dispute
Source Language
English
Civil Procedure Commercial and Corporate Appeal Dismissal Contract Enforcement Agency Fee Dispute

Case Brief

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Parties

Susan

Appellant

Kibiwott T. Cherono

Respondent

Procedural Posture

Civil Appeal / Final Order After Appeal Determination

Legal Issues

  1. 1 Whether the defence of duress or coercion by the appellant could succeed in avoiding payment of the agency fee.
  2. 2 Whether the terms of the contract and the jurisdiction of the small claims court were properly determined.

Ratio Decidendi

The court found that the appellant failed to establish duress or coercion in the execution of the contract for agency fee payment. The evidence adduced did not support the appellant's claims, and the contract was enforceable as written. The small claims court had proper jurisdiction over the matter. Consequently, the grounds of appeal relating to both the contract terms and jurisdiction were without merit, and the appeal was dismissed with costs to the respondent.

Court Disposition

Appeal dismissed with costs to the respondent. Security deposit to be released to respondent's advocates.

Orders

  • The appeal is dismissed with costs to the respondent.
  • The Deputy Registrar is ordered to release and transfer Kshs. 300,000 to Kimaru Kimutai & Co. Advocates' account at Diamond Trust Bank Kenya Limited, Eldoret Branch, Account Number 0890874002, with immediate effect, including any interest accrued.