Peter Oduor Oduol v Erick Oluoch Odemba [2018] KEHC 7190 (KLR)

Facts

The Appellant and the 2nd Defendant were sued by the Respondent for recovery of money due and owing in transactions of buying and selling fish. The Appellant and the 2nd Defendant failed to file a defence in time, leading to an interlocutory judgment in favor of the Respondent. The Appellant and the 2nd Defendant filed an application to set aside the judgment, which was allowed by consent. After a full trial, the court found for the Respondent against the Appellant to the tune of KShs.346,400.

Issues

1. Whether the trial court erred in finding the Appellant owed the Respondent money
2. Whether the trial court erred in finding the Respondent proved the Appellant owed him money

Reasoning

The court found the Respondent proved his claim that the Appellant owed him money, and the Appellant did not produce any records to support his defense.

Outcome

Appeal dismissed