Mary Wairimu Gakere & another v Delta Connections Ltd & 2 others [2016] KEHC 1877 (KLR)
- Court
- High Court of Kenya
- Case number
- 1877
- Citation
- [2016] KEHC 1877 (KLR)
- Decided
- 7 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureSummary JudgmentCoramHON. P.J.O. OTIENO
Holding
Judgment entered for the plaintiffs for the sum of Kshs.2,500,000 plus costs and interest.
Facts
The plaintiffs sued the defendants for a refund of Kshs.2,500,000 paid as a deposit for land, claiming breach of contract. The defendants admitted the obligation to refund but denied the non-existence of the land.
Issues
- Refund of deposit
- Fraud allegations
- Triability of issues
Reasoning
The court found that the defendants admitted the plaintiffs' claim and there were no triable issues regarding the refund. The fraud allegations were substantial and required a trial.
Outcome
Judgment for plaintiffs
Orders
- Judgment entered for plaintiffs for Kshs.2,500,000 plus costs and interest
- Judgment is entered jointly and severally against defendants
Remedies
- Refund of Kshs.2,500,000
- Interest at 15% from date of suit
Authorities cited
Legislation (2)
- Order 13 Rules 1 & 2 of the Civil Procedure Rules
- Section 1A, 1B, 3 & 3A of the Act
Cases cited (2)
- TRUST BANK LTD VS SHREJI TRANSPORTERS [1990] LTD, CACA NO. 96 OF 2001 (Unreported)
- DHANJAL INVESTMENTS VS SHABAHA INVESTMENTS LTD, CACA NO. 232 OF 1997 (Unreported)
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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