MEDOL GROUP LIMITED V ADRIAN COMPANY LIMITESD & ANOTHER [2012] KEHC 3960 (KLR)

Summary at a glance

Facts

The plaintiff, Medol Group Limited, claims a balance of Kshs. 11,298,000/- from the defendants, Adrian Company Limited and Bernard Wachai Njoroge, under cash advance agreements. The defendants claim a balance of Kshs. 8,500,000/- due to them.

Issues

• Whether the plaintiff's claim for Kshs. 11,298,000/- is valid.
• Whether the defendants should be joined as a party in the suit against the 1st defendant.

Reasoning

The defendants admitted the sum of Kshs. 8,500,000/- in their defense, and the court found that the plaintiff's claim for the balance is valid.

Outcome

The plaintiff's claim for Kshs. 8,500,000/- is admitted, and the defendants are ordered to pay this amount. The defendants' application to strike out the suit against the 2nd defendant is dismissed.

Orders

• The plaintiff's Notice of Motion dated 8th November 2011 is dismissed in terms of prayer 1 and allowed in terms of prayer 2.
• The defendant's Notice of Motion dated 1st December 2011 is dismissed with costs.

Remedies

• The defendants are ordered to pay the plaintiff Kshs. 8,500,000/-.

Authorities cited