National Bank of Kenya Limited v Bart Masila Mbuvi [2016] KEHC 1751 (KLR)
- Court
- High Court of Kenya
- Case number
- 1751
- Citation
- [2016] KEHC 1751 (KLR)
- Decided
- 29 September 2016
The appeal is allowed, and the award of Ksh.3,611/08 is set aside. Judgment is entered in favor of the appellant for Ksh.131,333.45 with interest at the rate of 23% p.a.
Facts
The appellant, National Bank of Kenya Limited, filed an action against the respondent, Bart Masila Mbuvi, seeking judgment in the sum of Ksh.170,476/70 plus interest at the rate of 23% p.a. The respondent filed a defence and a counter-claim. The case proceeded to hearing exparte due to the respondent's non-appearance. The resident magistrate entered judgment in favor of the appellant for Ksh.3,611/08.
Issues
- Balance due on account number 4544 9000 0005 7972
- Interest rate
- Consolidation of accounts
Reasoning
The court found that the trial magistrate erred in finding the balance due to be Ksh.3,611/08 instead of Ksh.126,722.40. The court also found that the trial magistrate erred in holding that the appellant was not entitled to the interest rate of 23%.
Outcome
Appeal allowed
Orders
- Award of Ksh.131,333.45 with interest at the rate of 23% p.a.
- Costs of the appeal and the suit awarded to the appellant
Remedies
- Judgment in favor of the appellant for Ksh.131,333.45 with interest at the rate of 23% p.a.
- Costs awarded to the appellant
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