Elizabeth Kavere & another v Lilian Atho & another [2018] KEHC 3734 (KLR)
- Court
- High Court of Kenya
- Case number
- 3734
- Citation
- [2018] KEHC 3734 (KLR)
- Decided
- 2 October 2018
Judgment shall be entered in favor of the plaintiffs as against the 1st defendant only for the liquidated claim of Ksh.25,537,900/- together with interest at court rates from the date of the suit and costs of the suit.
Facts
The plaintiffs, Elizabeth Kavere and Teresa Gimisi, requested judgment against the defendants, Lilian Atho and Real Time Company Ltd., for a refund of capital investment and profits, interest, and damages due to a breach of contract. The defendants failed to appear and file their statements of defence.
Issues
- Jurisdiction to enter judgment in default of appearance and defence
- Service of summons
Reasoning
The court found that the defendants failed to appear and file their statements of defence, and the service of summons on the 1st defendant was valid. The 2nd defendant, as a separate legal entity, could not be served in the same manner.
Outcome
In favor of the plaintiffs as against the 1st defendant only
Orders
- Judgment in favor of the plaintiffs as against the 1st defendant only for the liquidated claim of Ksh.25,537,900/- together with interest at court rates from the date of the suit and costs of the suit
Remedies
- Refund of capital investment and profits
- Interest at court rates
- General damages
- Costs of the suit
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
Cases cited (1)
- BUGERERE COFFEE GROWERS LTD v. SEBADUKA (1970) E.A 147
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