Canva Trading Kenya Ltd Mombasa v Catherine Halako Moraa [2022] KEMSET 28 (KLR)
- Court
- KEMSET
- Case number
- 28
- Citation
- [2022] KEMSET 28 (KLR)
- Decided
- 11 February 2022
The Respondent was served with the claim and was accorded reasonable time to file and serve the Response. The Respondent obtained a loan of Ksh 30,000 from the Claimant and was found to have repaid Ksh 8,000 at the time of filing the suit. The 20% interest charged was justified.
Facts
Claimant filed a claim for Ksh 72,000 for a loan of Ksh 30,000 with 20% interest, Respondent was served with the claim and personal service was attempted but failed.
Issues
- Whether the Respondent was served with the claim.
- Whether the Respondent obtained a loan of Ksh 30,000 from the Claimant.
- Whether the 20% interest charged was justified.
- Whether the Claimant was entitled to demand Ksh 72,000.
- Whether the Claimant had repaid Ksh 8,000 at the time of filing the suit.
- Who bears the cost of this claim?
Reasoning
The Respondent was served with the claim and was accorded reasonable time to file and serve the Response. The Respondent obtained a loan of Ksh 30,000 from the Claimant and was found to have repaid Ksh 8,000 at the time of filing the suit. The 20% interest charged was justified.
Outcome
The Respondent was found to have obtained a loan of Ksh 30,000 from the Claimant and was found to have repaid Ksh 8,000 at the time of filing the suit. The 20% interest charged was justified.
Orders
- The Respondent should pay the Claimant: a) Principal sum of Ksh. 22,000/=; b) Interest on (a) above of Ksh. 7,000/= being the accumulated interest of Ksh 22,000/- on (a) above with a deduction of Ksh 15,000/= paid in the course of these proceedings; c) Costs of the suit of Ksh 10,000/=
Remedies
- Payment of principal sum, interest, and costs as ordered
Authorities cited
Cases cited (4)
- Sangram Singh v Election Tribunal Koteh (1955) AIR 425
- James Kanyiita Nderitu & Another v Kenya Revenue Authority (2016) eKLR
- Mungai v Gachuhi (2005) eKLR
- Signature Tours & Travel Limited v National Bank of Kenya Limited (2017) eKLR
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