Agni Enterprises Limited v Apex Steel Limited (Commercial Appeal E001 of 2023) [2025] KEHC 19548 (KLR) (13 November 2025) (Judgment)
- Court
- High Court of Kenya
- Case number
- 19548
- Citation
- [2025] KEHC 19548 (KLR)
- Decided
- 13 November 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCommercial AppealPostureAppeal from a Judgment and Decree of the Hon. D.W Mburu, SPMCoramF. WANGARI
Holding
The appeal is dismissed. The judgment of the lower court is set aside, and judgment is given in favor of the Plaintiff/Respondent for Kshs. 3,200,996.51, capped interest at Kshs. 3,200,996.51, and costs of the lower court suit to the Plaintiff. Each party bears its own costs on this appeal.
Facts
Agni Enterprises Limited sued Apex Steel Limited for Kshs. 10,892,202.71 for goods supplied but unpaid, and interest. Apex Steel Limited denied owing any money and claimed the claim was defective.
Issues
- Whether the appeal has merits
- Who bears the costs
Reasoning
The Court re-evaluated the evidence and found the Plaintiff's verifying affidavit insufficient, leading to the judgment being set aside.
Outcome
Appeal dismissed
Orders
- Judgment of the lower court in favor of the Plaintiff/Respondent is set aside
- Judgment in favor of the Plaintiff/Respondent for Kshs. 3,200,996.51, capped interest at Kshs. 3,200,996.51, and costs of the lower court suit to the Plaintiff
Remedies
- Judgment in favor of the Plaintiff/Respondent for Kshs. 3,200,996.51, capped interest at Kshs. 3,200,996.51, and costs of the lower court suit to the Plaintiff
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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