Karachiwala Nairobi Ltd v Sanjivan Mukherjee [2014] KEHC 3429 (KLR)
- Court
- High Court of Kenya
- Case number
- 3429
- Citation
- [2014] KEHC 3429 (KLR)
- Decided
- 7 August 2014
The Court finds that the Plaintiff advanced Kshs. 10,600,000/- to the Defendant and that the same remains outstanding. The Plaintiff's claim for Kshs. 10,600,000/- is valid and sustainable. The rate of interest on the amount is determined to be the prevailing Court rate from the date of first demand by the Plaintiff.
Facts
The Plaintiff filed a suit against the Defendant for the sum of Kshs. 10,600,000/- claiming it was a loan advanced to the Defendant. The Defendant denied owing the Plaintiff the amount and claimed it was for business purposes.
Issues
- Whether the Defendant owed the Plaintiff Kshs. 10,600,000/-
- What was the purpose of the loan
Reasoning
The Court determined that the Plaintiff advanced Kshs. 10,600,000/- to the Defendant through two cheques and that the Defendant failed to repay the loan. The Court also ruled on the interest rate.
Outcome
Judgment in favor of the Plaintiff
Orders
- Interest on the amount is the prevailing Court rate from the date of first demand by the Plaintiff
Remedies
- Costs of the suit shall be borne by the Defendant
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