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Kenya Case Law

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Commercial And Corporate [2017] KECA 113 (KLR)

Mareco Limited v Future Limited & Huawei Technologies Limited

Mareco Limited v Future Limited & Huawei Technologies Limited [2017] KECA 113 (KLR)

The Court of Appeal held that the trial court properly considered whether invoices were duly accepted and dismissed the appeal for lack of proof.

  • Factoring Agreements
  • Assignment Of Debts
  • Contractual Obligations
  • Pleadings And Issues
  • Damages For Breach
  • Evidence Evaluation
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Civil Procedure [2017] KEHC 23 (KLR)

Mareco Ltd v Geeen Future Limited; Huawei Technologies (Garnishee)

Mareco Ltd v Geeen Future Limited; Huawei Technologies (Garnishee) [2017] KEHC 23 (KLR)

The court found that the Garnishee (Huawei Technologies) had discharged its burden by providing evidence of payments made to the Judgment Debtor's account, which was jointly operated with the Decree Holder. The applicant did not directly dispute the operation of the account or the receipt of funds. The court further held that the disputed invoices had already been adjudicated upon in a prior judgment, which found that no money was due from the Garnishee to the Judgment Debtor in respect of those invoices. The court concluded that the Garnishee is not indebted to the Judgment Debtor and that t…

  • Garnishee Proceedings
  • Debt Recovery
  • Burden Of Proof
  • Factoring Agreements
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Commercial And Corporate [2015] KEHC 8342 (KLR)

Mareco Limited v Green Future Limited & Huawei Technologies (K) Company Limited

Mareco Limited v Green Future Limited & Huawei Technologies (K) Company Limited [2015] KEHC 8342 (KLR)

The High Court dismissed Mareco’s claim against Huawei, holding the disputed invoices were not duly accepted through the required electronic system. Green Future must refund Mareco.

  • Factoring Agreements
  • Assignment Of Debts
  • Breach Of Contract
  • Payment Obligations
  • Factoring-agreements
  • Assignment-of-debts
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