Gitonga Kithinji Muriuki v Eleonora Cozzi & another [2020] KEELC 1179 (KLR)
- Court
- Environment & Land Court
- Case number
- 1179
- Citation
- [2020] KEELC 1179 (KLR)
- Decided
- 2 October 2020
The plaintiff's claim for the sum of Kshs 12,800,000 is dismissed, but the plaintiff is granted judgment for Kshs 2,600,000 as per the post-dated cheque issued by the defendants.
Facts
The plaintiff, Gitonga Kithinji Muriuki, claimed that he lent Kshs 2,000,000 to the defendants, Eleonora Cozzi and Sunpalm Limited, on February 29, 2012, with an interest of Kshs 600,000. The defendants denied the claim and counterclaimed, claiming that the plaintiff never advanced the sum and that the title deed was given as security. The plaintiff later applied to have the defendants' defense struck out and for judgment for Kshs 12,800,000.
Issues
- Whether the plaintiff advanced the sum of Kshs 2,000,000 to the defendants
- Whether the defendants should be held liable for the outstanding sum and interest
Reasoning
The court found that the plaintiff's claim for the sum of Kshs 12,800,000 was not supported by the evidence and dismissed it. However, the plaintiff was granted judgment for Kshs 2,600,000 as per the post-dated cheque issued by the defendants.
Outcome
The judgment entered for the plaintiff in the sum of Kshs 2,600,000 is re-affirmed.
Orders
- The defendants are ordered to return the title documents for Kilifi/Jimba/670 upon settlement of the decretal sum.
Remedies
- Judgment for the plaintiff in the sum of Kshs 2,600,000 with interest at Court rates.
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