Shaban Opiyo Kassim v Blue Sands Hotel Ltd & another; Edris & Company Advocates (Interested Party) [2020] KEELC 3351 (KLR)
- Court
- Environment & Land Court
- Case number
- 3351
- Citation
- [2020] KEELC 3351 (KLR)
Summary at a glance
TypeContract DisputePostureAppeal from a lower court decision
The agreement of 20th October 2014 is valid and the Defendants are under a contractual obligation to meet the legal costs.
Facts
The Plaintiff filed an Originating Summons seeking a declaration that the Defendants are under a contractual obligation to meet legal costs arising from Kisumu HCCC No. 48 of 2007 and Kisumu ELC Misc. No. 65 of 2014. The legal costs were taxed and the Defendants refused to pay.
Issues
- Validity of the agreement of 20th October 2014
- Contractual obligations under the Companies Act 2015
Reasoning
The Court held that the agreement was valid under the Companies Act 2015, which provides that a contract made according to the Act is effectual in law and binds the company and its successors.
Outcome
Affirmed
Orders
- The sum of Kshs. 2,000,000.00 payable to the Defendants from Ecobank Kenya Limited on account number 0140025009371901, Mall Branch, Kisumu to be released to the Plaintiff
Remedies
- Declaration of contractual obligation
Authorities cited
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