Canva Trading Kenya Ltd Mombasa v Omae (Claim 26 of 2021) [2021] KEMSET 660 (KLR) (Civ) (12 November 2021) (Judgment)
- Court
- KEMSET
- Case number
- 660
- Citation
- [2021] KEMSET 660 (KLR)
- Decided
- 12 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureClaim filed under a certificate of urgencyCoramVice-Chair R. Katina
Holding
The tribunal orders the claimant for the principal sum of Kshs 16,020.35 and interest at 13% per annum from June 16, 2021 till payment in full. The claimant is awarded Kshs 8,000 in costs.
Facts
The claimant, Canva Trading Kenya Ltd Mombasa, sought orders against the respondent, Frederick Augustus Omae, for repayment of a loan of Kshs 30,000 with accrued interest. The respondent admitted borrowing the sum but claimed he only owed Kshs 9,000, excluding interest.
Issues
- Determination of the amount owed by the respondent
- Validity of the interest rate
Reasoning
The tribunal found the respondent's claim of owing only Kshs 9,000 to be erroneous and ordered the full amount of Kshs 13,000. The interest rate was deemed illegal and the tribunal ordered the enforcement of the legal interest rate.
Outcome
Claimant wins
Orders
- Judgement for the claimant for the principal sum of Kshs 16,020.35
- Interest awarded at 13% per annum from June 16, 2021 till payment in full
- Claimant awarded Kshs 8,000 in costs
Remedies
- Principal sum of Kshs 16,020.35
- Interest at 13% per annum from June 16, 2021 till payment in full
- Kshs 8,000 in costs
Authorities cited
Legislation (2)
- Banking Act
- Central Bank rates applicable for the period the loan was advanced
Cases cited (2)
- Pius Kimaiyo Lagat v Co-operative Bank of Kenya Limited [2017] eKLR
- National Bank of Kenya Ltd v Pipeplastic Sankolit (K) Ltd Civil Appeal No 95 of 1999
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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