TOTAL (K) LTD v CHANNAN AGRICULTURAL CONTRACTORS [2008] KEHC 1207 (KLR)
- Court
- High Court of Kenya
- Case number
- 1207
- Citation
- [2008] KEHC 1207 (KLR)
The Court finds the Defendants' behavior fraudulent and dishonest. The Plaintiff is awarded Kshs. 4,833,810/=, with interest at 12% from the date of the plaint and 14% thereafter, until full payment.
Facts
The Plaintiff, Total (K) Ltd., sold petroleum products to the Defendant, Channan Agricultural Contractors, under an agreement dated 17.02.1998. The Defendants owed the Plaintiff Kshs. 15,000,000/= with interest. The Defendants admitted owing Kshs. 7,666,190.20, leaving a balance of Kshs. 7,333,810/=. The Defendants proposed to settle the balance in installments, but disputes arose over the amount and payment terms.
Issues
- Determination of the balance due and interest
- Fraudulent and dishonest behavior of the Defendants
Reasoning
The Court found the Defendants' proposed payments to be fraudulent and dishonest, and the Plaintiff's evidence was sufficient to prove its case on a balance of probabilities.
Outcome
Judgment for the Plaintiff in the sum of Kshs. 4,833,810/= with interest.
Orders
- Granting judgment for the Plaintiff in the sum of Kshs. 4,833,810/= with interest
- Declining to grant interest at 30% p.a.
- Granting costs of the suit to be taxed by the Taxing Officer or agreed upon
Remedies
- Judgment for the Plaintiff in the sum of Kshs. 4,833,810/= with interest
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