Bell Pacific International Limited v Ecobank Kenya Limited (Civil Suit 450 of 2013) [2017] KEHC 8677 (KLR) (Civ) (24 February 2017) (Judgment)
- Court
- High Court of Kenya
- Case number
- 8677
- Citation
- [2017] KEHC 8677 (KLR)
- Decided
- 24 February 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the original trialCoramOLGA SEWE
Holding
The Court ordered the Defendant to pay the Plaintiff the sum of Kshs. 50,429,100 together with interest at 18.75% per annum.
Facts
The Plaintiff, Bell Pacific International Limited, secured a contract from the Ministry of Agriculture for the supply of 10,000 metric tons of Urea Fertilizer. The Plaintiff obtained a Letter of Credit facility for USD 2,750,000, but the Defendant failed to issue an acceptable Letter of Credit or Bank Guarantee, causing the Plaintiff to suffer loss.
Issues
- Payment of the sum of Kshs. 50,429,100 together with interest thereon
- Order that the Plaintiff is not liable in the sum of Kshs. 34,740,451.82
- Costs of and incidental to this suit
- Any other or further relief as the Court may deem fit to grant
Reasoning
The Court found that the Defendant failed to issue an acceptable Letter of Credit or Bank Guarantee, which was an action in bad faith.
Outcome
Defendant ordered to pay Plaintiff
Orders
- Payment of the sum of Kshs. 50,429,100 together with interest at 18.75% per annum
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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