Bettal Services Limited v Cross Continent Ventures Limited (Civil Case 371 of 2015) [2020] KEHC 10232 (KLR) (Civ) (28 October 2020) (Judgment)

Facts

The Plaintiff filed a suit against the Defendant seeking repayment of Kshs 9,334,166/= with interest. The Defendant argued that the Plaintiff did not advance the sum as requested, but the Plaintiff presented evidence of an agreement and a loan repayment agreement.

Issues

1. Whether the Plaintiff advanced the Defendant a sum of Kshs 1,984,997/= with interest
2. Terms of the Agreement
3. Variation of the Agreement
4. Breach of the Agreement
5. Sum the Plaintiff was entitled to
6. Costs of the suit

Reasoning

The court determined that the Plaintiff and Defendant entered into an agreement and a loan repayment agreement, and the Defendant breached the terms of the Agreement. The court found that the Plaintiff was entitled to the sum of Kshs 384,997/=. The court also ordered the Defendant to pay the costs of the suit.

Outcome

Partial merit for the Plaintiff, judgment in favor of the Plaintiff for Kshs 384,997/= with interest.

Authorities cited