CMC Motors Group Ltd v Peter Kagotho Kiarie [2004] KEHC 851 (KLR)
- Court
- High Court of Kenya
- Case number
- 851
- Citation
- [2004] KEHC 851 (KLR)
- Decided
- 3 December 2004
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSummary JudgmentPostureApplication for Summary JudgmentCoramF. AZANGALALA
Holding
The Court grants the Plaintiff's application for Summary Judgment and orders the Defendant to pay Kshs 3,307,176.45 and interest at 36% per annum from 27th February 2004.
Facts
The Plaintiff sold a Nissan CWA 12 lorry to the Defendant on deferred payment terms. The Defendant paid a deposit of Kshs 600,000 and agreed to pay the balance in 24 monthly instalments. The Defendant defaulted and the Plaintiff repossessed the vehicle, selling it for Kshs 500,000. The Plaintiff claims Kshs 3,302,176.45 for the shortfall and interest.
Issues
- Defendant's liability for the shortfall
- Interest on the outstanding arrears
Reasoning
The Court found that the Defendant defaulted on the payment terms and the Plaintiff repossessed the vehicle, selling it for less than the agreed price.
Outcome
In favor of the Plaintiff
Orders
- Summary Judgment granted
- Defendant to pay Kshs 3,307,176.45 and interest at 36% per annum from 27th February 2004
Remedies
- Payment of the sum of Kshs 3,307,176.45 and interest at 36% per annum
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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