HIGHWAY CARRIERS LIMITED & COAST HAULIERS v AWADH MARUS [1986] KECA 88 (KLR)
- Court
- Court of Appeal
- Case number
- 88
- Citation
- [1986] KECA 88 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the High Court of KenyaCoramHG PLATT, AG JA, Platt, Ag JJ A
Holding
Judgment for the plaintiff in the sum of Kshs 33,652.00 on the plaint, and Kshs 7,059.35 on the counter claim, giving rise to a final judgment of Kshs 26,592.65.
Facts
The plaintiff, Highway Carriers Ltd, claimed against Messrs Awadh Mahrus for Kshs 26,592.65 due to moneys spent for and on behalf of the defendant. The defendant counterclaimed for Kshs 7,059.35 for short delivery of goods.
Issues
- Whether the plaintiff's claim was valid
- Whether the defendant's counterclaim was admitted
Reasoning
The defendant's counterclaim was admitted, and the plaintiff's claim was valid. The defendant's short delivery of goods was acknowledged, leading to the judgment.
Outcome
Judgment for the plaintiff
Orders
- Judgment for the plaintiff in the sum of Kshs 33,652.00 on the plaint
- Judgment for the plaintiff in the sum of Kshs 7,059.35 on the counter claim
- Final judgment of Kshs 26,592.65
Remedies
- Interest of 12% on Kshs 26,592.65
- Half the costs on Kshs 26,592.65
- Costs of the appeal awarded to the plaintiff
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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