TOTEM SERVICE STATION LIMITED V THE ATTORNEY GENERAL [2013] KEHC 3080 (KLR)
- Court
- High Court of Kenya
- Case number
- 3080
- Citation
- [2013] KEHC 3080 (KLR)
The court determined that the Defendant owes the Plaintiff the sum of Kshs. 9,249,212.20, and the Plaintiff is entitled to interest.
Facts
The Plaintiff, TOTEM Service Station Limited, claimed Kshs. 77,113,708 for fuel, petroleum products, and services supplied to the Defendant, The Attorney General, from 1996 to 2002. The Defendant denied owing the Plaintiff the sums claimed and stated that they never entered into a contract for the supply of fuel or petroleum products with the Plaintiff.
Issues
- Whether the Defendant owes the Plaintiff the sum of Kshs. 9,249,212.20, being the balance of the principal sum owed.
- Whether the Plaintiff is entitled to interest amounting to Kshs. 57,726,601.50
Reasoning
The court found that the Defendant acknowledged owing the Plaintiff the amount in a letter dated 20th February 2004, which was admitted by the Plaintiff. The court also considered the Defendant's subsequent partial payment and the Plaintiff's explanation of the changing prices per litre.
Outcome
The court upheld the Plaintiff's claim for the balance of Kshs. 9,249,212.20 and interest.
Orders
- The Defendant is ordered to pay the Plaintiff the sum of Kshs. 9,249,212.20 and interest as determined by the court.
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