Joseph Wambugu Muriithi v Nyeri Motors Services Ltd [2013] KEHC 1891 (KLR)
- Court
- High Court of Kenya
- Case number
- 1891
- Citation
- [2013] KEHC 1891 (KLR)
- Decided
- 26 September 2013
The court finds that the credit note of Ksh. 150,000/- was to cover interest or earlier payments and the Appellant was entitled to the same.
Facts
The Appellant traded in a motor vehicle with the Respondent for Kshs. 3,900,000 and was given a credit note of Kshs. 150,000 for early repayment. The Respondent paid Kshs. 2,000,000, leaving a balance of Kshs. 302,864. The Appellant filed a suit against the Respondent, alleging that the Respondent owed him Kshs. 152,864.
Issues
- How to treat the credit note of Ksh. 150,000/-
- Whether the trial court erred in awarding interest from the date of filing the claim
Reasoning
The court considers the evidence presented and finds that the credit note was for interest or earlier payments, not for the tipping system as claimed by the Respondent.
Outcome
The court orders the Respondent to pay interest on the claim from the date of filing the suit and awards the Appellant the cost of the appeal.
Orders
- The Respondent to pay interest on the claim from the date of filing the suit
- The Appellant to be entitled to the cost of the appeal
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