Kenya Commerical Bank Ltd v Joseph Njoro Kabechu [2017] KEHC 2154 (KLR)
- Court
- High Court of Kenya
- Case number
- 2154
- Citation
- [2017] KEHC 2154 (KLR)
- Decided
- 24 November 2017
The defendant is indebted to the plaintiff and the charge secured the total sum of Kshs 265,000.00.
Facts
The plaintiff, Kenya Commercial Bank Ltd, advanced the defendant, Joseph Njoro Kabechu, Kshs 230,923.00, which was partly an existing loan and an overdraft facility. The defendant executed a charge to secure the payment of Kshs 265,000.00, but he only received Kshs 180,000.00 from the plaintiff. The plaintiff sued for the outstanding loan, and the defendant denied owing any money.
Issues
- Validity of the contract
- Amount advanced and secured by the charge
Reasoning
The defendant admitted receiving Kshs 180,000.00 from the plaintiff, but he did not produce evidence of payment. The court found the defendant's evidence wanting and believed he only realised he did not owe the plaintiff any money when the plaintiff sued.
Outcome
The defendant is found indebted to the plaintiff.
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