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Arthur Munyao Muuo & 5 others v Rosemary Wangui Kimaku & 2 others [2014] KEHC 4182 (KLR)

[2014] KEHC 4182 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4182
Citation
[2014] KEHC 4182 (KLR)
Decided
4 July 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a default judgmentCoramF. GIKONYO, J. KAMAU
Holding

The court grants judgment for the Plaintiffs in the sum of USD 15,375.00 and Kshs. 2,000, with interest and costs awarded.

Facts

The Plaintiffs filed an application for interlocutory judgment in default of defence, and the court entered interlocutory judgment in their favor. The Defendants did not attend the formal proof despite being served with notice.

Issues

  1. Validity of the entry of judgment
  2. Requirement for formal proof for liquidated demand

Reasoning

The court holds that a formal proof is not necessary for a liquidated demand and that the Plaintiffs are entitled to interest and costs.

Outcome

Judgment in favor of Plaintiffs

Orders

  • Judgment for Plaintiffs in the sum of USD 15,375.00 and Kshs. 2,000
  • Interest on USD 15,375.00 and Kshs. 2,000 at 12% per annum
  • Interest on USD 15,375.00 at 23% for 30 days as profits
  • Award of costs to Plaintiffs

Remedies

  • Judgment in favor of Plaintiffs
  • Interest on the awarded amount
  • Costs awarded to Plaintiffs

Authorities cited

Legislation (1)
  • Civil Procedure Rules, 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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