Mwangi (Suing as the Administrator of the Estate of Joseph Kanyongo - Deceased) v Brightstone Holdings Limited & another (Commercial Appeal E352 of 2024) [2025] KEHC 16488 (KLR) (27 October 2025) (Judgment)
- Court
- High Court of Kenya
- Case number
- 16488
- Citation
- [2025] KEHC 16488 (KLR)
- Decided
- 27 October 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCommercial AppealPostureAppeal from a judgment dismissing a claim for goods suppliedCoramADO MOSES
Holding
The Appellant failed to prove delivery of goods and the existence of an outstanding debt, and the appeal is dismissed.
Facts
The Appellant, as administrator of the estate of the deceased, sued the Respondents for Kshs. 1,646,878.00 for goods allegedly supplied by the deceased to the 1st Respondent. The Respondents admitted the existence of a business relationship but denied receipt of the goods or any indebtedness.
Issues
- Burden of proof in civil matters
- Admissibility of delivery notes and invoices
Reasoning
The court held that the delivery notes were not stamped and bore inconsistent signatures, and the Appellant did not provide evidence of receipt of goods by the Respondents. The burden of proof remained with the Appellant.
Outcome
Appeal dismissed
Orders
- Appeal dismissed with costs to the Respondent
Authorities cited
Legislation (1)
- Evidence Act (Cap 80, Laws of Kenya)
Cases cited (3)
- William Kabogo Gitau v George Thuo & 2Others [2010] eKLR
- Palace Investments Limited v Geoffrey Kariuki Mwenda & another [2015] KECA 616 (KLR)
- Pramukh Cash & Carry Limited v Charles Ojwang Milamba t/a Milamba Stores [2024] eKLR
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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