K.C.B Bank Kenya Limited v Thomas K. Sambu t/a Solai Agencies & another [2020] KEHC 2583 (KLR)

Facts

The 1st and 2nd Respondents filed a Plaint in CMCC No.323 of 2014 seeking special damages of Kshs.237,937.50 for money paid to the Appellant in respect of the sale of land parcel No.KERICHO/KUNYAK S.S./366. The Appellant denied the Respondents' claim.

Issues

1. Whether the judgment compensates or enriches the Respondents twice
2. Whether the finding of the Trial Court was based on irrelevant matters
3. Whether the Trial Court failed to appreciate the law and precedent applicable in the case
4. Whether the Respondents did not prove their case on evidence of probabilities
5. Whether the finding of the case was improper, unrealistic and inappropriate
6. Whether all the issues were not adjudicated
7. Whether the court ought to have made conditional orders and hence occasioned gross miscarriage of Justice

Reasoning

The Appellant failed to appear in Court to challenge the testimony of PW.1 and is now attempting to adduce evidence at Appeal stage. The Respondents' evidence that they remitted Kshs.105,000 to the Appellant was not been controverted. The Appellant did not prove the Respondents failed to prove the said factual averments.

Outcome

Appeal dismissed with costs to the Respondent

Authorities cited