Transfleet EPZ Limited v Insta Products EPZ Limited [2021] KEHC 8909 (KLR)
- Court
- High Court of Kenya
- Case number
- 8909
- Citation
- [2021] KEHC 8909 (KLR)
- Decided
- 25 February 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the original trial outcomeCoramD. K. Kemei
Holding
The Plaintiff's claim for Kshs.14,017,550.25/- has not been sufficiently proved, and the Plaintiff's suit is ordered dismissed with costs.
Facts
The Plaintiff, Transfleet EPZ Limited, claimed that the Defendant, Insta Products EPZ Limited, vandalized Godown No.10 at Athi River Export Processing Zone, resulting in repair costs of Kshs.14,017,550.25 and interest. The Defendant denied the claims and sought dismissal of the suit with costs.
Issues
- Plaintiff's claim for Kshs.2,500,000/- for loss of rent for one month
- Plaintiff's claim for Kshs.14,017,550.25/- for repair costs
Reasoning
The court found that the Plaintiff's claim for Kshs.2,500,000/- for loss of rent for one month was not supported by evidence and was not proved with certainty. The Plaintiff's claim for Kshs.14,017,550.25/- for repair costs was also not sufficiently proved.
Outcome
Dismissed with costs
Orders
- The Plaintiff's suit is dismissed with costs
Authorities cited
Cases cited (5)
- Section 107(1) of the Evidence Act
- Section 108 of the Evidence Act
- Section 109 of the Evidence Act
- Independent Electoral and Boundaries Commission & Ano. vs. Stephen Mutinda Mule & 3 Others (2014) eKLR
- Adetoun Oladeji (NIG) vs. Nigeria Breweries PLC SC 91/2002
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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