Madhupaper International Ltd & another v Kenya Commercial Bank Ltd & 2 others [2003] KEHC 991 (KLR)
- Court
- High Court of Kenya
- Case number
- 991
- Citation
- [2003] KEHC 991 (KLR)
- Decided
- 23 January 2003
The plaintiffs' suit succeeds against all three defendants, and the Court awards judgment for the plaintiffs to recover Shs 56 million with interest and costs.
Facts
The plaintiffs, Madhupaper International Ltd and another, claim a sum of Shs 56,000,000 from the defendants, Kenya Commercial Bank Ltd and two others, on the principle of unjust enrichment due to duress and coercive pressure. The extra sum of Shs 56 million was paid in circumstances of debt owed to the defendants.
Issues
- Whether the plaintiffs' claim for unjust enrichment is valid
- Whether the defendants are jointly and severally liable for the unjust enrichment
Reasoning
The plaintiffs' claim is based on unjust enrichment due to duress and coercive pressure, and the extra sum was paid in circumstances of debt owed to the defendants. The defendants knew of the duress and benefited from it.
Outcome
Judgment for the plaintiffs in the sum of Shs 56,000,000 with interest and costs.
Orders
- Judgment for the plaintiffs in the sum of Shs 56,000,000 with interest and costs
Remedies
- Recovery of Shs 56,000,000 with interest and costs
Authorities cited
Cases cited (7)
- Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
- Saleh bin Ghaleb v Hussein al Qu’aiti
- Chase International Investment Corporation and another v Laxman Keshra and others
- Riddoch Motors Ltd v Coast Region Co-op
- Zakayo v Naomi
- Barton
- Crescendo
Loading judgment…