Canva Trading Kenya Ltd Mombasa v Ruth Akoth Diang’a [2021] KEMSET 186 (KLR)

Facts

The Claimant, Canva Trading Kenya Limited, claimed to have advanced Ksh 25,000/= to the Respondent Ruth Akoth Diang’a, who failed to repay the loan. The Respondent was served with the claim and supporting documents, but did not file a response or attend the hearing.

Issues

1. Whether the Respondent was served with the claim.
2. Whether the Respondent obtained a loan of Ksh 25,000/= from the Claimant.
3. Whether the 10% interest charged by the Claimant on the borrowed amount of Ksh 25,000/= for a period of two months was justified.
4. Whether the Claimant Canva Trading Kenya Limited-Mombasa was entitled to demand as it did the Ksh62,500/= being the principal sum, accrued interests and penalties charged on the borrowed principal sum of Ksh25,000/=.
5. Who bears the cost of this claim?

Reasoning

The Tribunal found that the Respondent was served with the claim and was accorded reasonable time to file and serve the Response. The Respondent was found to have obtained a loan of Ksh 25,000/= from the Claimant, and the interest charged was justified.

Outcome

The Respondent was ordered to pay the Claimant the principal sum of Ksh 25,000/=, interest on the principal sum of Ksh 25,000/=, and costs of the suit of Ksh 10,000/=

Authorities cited