Diamond Trust Bank Kenya Limited v Shadrack Mutei Mauuye t/a Shashcah Enterprises [2017] KEHC 10018 (KLR)
- Court
- High Court of Kenya
- Case number
- 10018
- Citation
- [2017] KEHC 10018 (KLR)
- Decided
- 10 October 2017
The appeal is allowed, to the extent that the dismissal of the appellant’s suit is set aside. The appellant is awarded Kshs. 91,057.28, together with interest at court rates from 29th November 2011, and costs of the suit, plus one-half of the costs of the appeal.
Facts
The plaintiff, Diamond Trust Bank Kenya Limited, sued the defendant, Shadrack Mutei Mauuye t/a Shashcah Enterprises, for Kshs. 288,628.88 as the sum outstanding under a Hire Purchase Agreement. The defendant admitted defaulting on 2 instalments but denied the sale price of Kshs. 1.9 Million and claimed the appellant was estopped from enforcing the terms of the agreement.
Issues
- Whether the appellant’s claim was particularized
- Whether the trial court erred by finding that the respondent did not owe the sums claimed
- Whether the trial court erred by finding that the appellant was estopped from enforcing the terms of the agreement
- Whether the trial court erred by considering issues not raised by the parties
Reasoning
The court found that the appellant’s claim was particularized and that the respondent did owe the sums claimed. The court also found that the appellant was not estopped from enforcing the terms of the agreement.
Outcome
Appeal allowed
Orders
- Judgment in favor of the appellant for Kshs. 91,057.28, together with interest at court rates from 29th November 2011
- Award of costs of the suit, plus one-half of the costs of the appeal
Remedies
- Judgment for Kshs. 91,057.28 and interest at court rates
- Award of costs of the suit, plus one-half of the costs of the appeal
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