Devani v Al-Karim Stores (MSET Nairobi E001 of 2022) [2023] KEMSET 4 (KLR) (Civ) (12 January 2023) (Judgment)
- Court
- KEMSET
- Case number
- 4
- Citation
- [2023] KEMSET 4 (KLR)
- Decided
- 12 January 2023
The respondent owes the claimant Ksh 83,010,32/= for goods delivered, and the claimant is entitled to Ksh 30,000/= in costs and prevailing court rates for interest.
Facts
The claimant, R H Devani Ltd, filed a claim for Ksh 88,010.32/= for goods supplied by the respondent, Al-Karim Stores, up to 2019. The claimant's witness testified, and the respondent admitted to incurring a business loss due to expired goods.
Issues
- Whether the respondent owes the claimant Ksh 83,010,32/= for goods delivered.
- Whether there was an agreement between the claimant and the respondent regarding the handling of expired goods.
- Who bears the cost of the claim.
Reasoning
The claimant provided delivery notes and invoices, while the respondent admitted to incurring a business loss due to expired goods. The respondent did not provide evidence of an agreement on handling expired goods or the value of spoiled goods.
Outcome
The respondent was ordered to pay the claimant Ksh 83,010,32/=, Ksh 30,000/= in costs, and prevailing court rates for interest.
Orders
- The respondent should pay the claimant Ksh 83,010,32/=.
- The respondent should pay the claimant Ksh 30,000/= in costs.
- The respondent should pay the claimant prevailing court rates for interest.
Remedies
- Payment of Ksh 83,010,32/= to the claimant.
- Payment of Ksh 30,000/= in costs to the claimant.
- Payment of prevailing court rates for interest to the claimant.
Loading judgment…