SHIELD HIRE PURCHASE LIMITED vs SURGILINKS LIMITED [2000] KEHC 139 (KLR)
- Court
- High Court of Kenya
- Case number
- 139
- Citation
- [2000] KEHC 139 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePlaintiff seeks to recover Kshs 512,923 plus interest from the defendantCoramT Mbaluto
Holding
Judgment is entered in favor of the plaintiff against the defendant
Facts
The plaintiff, Shield Hire Purchase Limited, provided a hire purchase facility to Geoffrey Ogeto Osiemo, which was guaranteed by the defendant, Surgilinks Limited. The defendant denied liability and attempted to raise defenses, but no witness testified on its behalf. The plaintiff's managing director, Mr. Vishvesh Dhirajlal Shah, testified that the debt arose from the hire purchase facility and that Mr. Osiemo did not repay the facility as agreed.
Issues
- Plaintiff's claim for Kshs 512,923 and interest
- Defendant's liability and defenses
Reasoning
The defendant denied liability and raised defenses, but no witness testified on its behalf. The plaintiff's evidence was not shaken, and the court is satisfied that the plaintiff has proved its case.
Outcome
Plaintiff wins
Orders
- Defendant to pay Kshs 512,923 plus interest at 5% per month from July 15, 1999 until payment in full
- Defendant to bear plaintiff's costs together with interest at court rates
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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