Case Metadata |
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| Case Number: | Civil Suit 543 of 2000 |
|---|---|
| Parties: | Julius Mwova Kyondo v William Kea Kashuru |
| Date Delivered: | 23 Aug 2002 |
| Case Class: | Civil |
| Court: | High Court at Mombasa |
| Case Action: | |
| Judge(s): | Joyce Nuku Khaminwa |
| Citation: | Kyondo v Kashuru [2004] eKLR |
| Advocates: | Mr. Tindika for the Plaintiff |
| Advocates: | Mr. Tindika for the Plaintiff |
| Case Summary: | Contract - action for special damages arising from breach of contract - defendant failing to appear - plaintiff's evidence not controverted - judgment entered for the plaintiff. |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN TH HIGH COURT OF KENYA
AT MOMBASA
CIVIL SUIT NO. 543 OF 2000
JULIUS MWOVA KYONDO …………………………….. PLAINTIFF
V E R S U S
WILLIAM KEA KASHURU ……………………………………DEFENDANT
J U D G M E N T
The plaintiff filed this suit on 10.11.2000 against defendant. The cause of action arose from an agreement as pleaded in the plaint. Special damage arising of breach of the agreement are pleaded at shs. 1,459.629.75.
A statement of defence was filed which is a general denial. On 23.8.2002 on application this court entered judgment in the sum of shs. 120,000/- in favour of the plaintiff. The remainder of the suit was heard on 6.10.04. When plaintiff attended and the counsel for defendant said the defendant was not in court although hearing notice was served. Mr. Hare did not press the matter further.
Mr. Tindika for plaintiff requested to proceed and called first witness the plaintiff who testified in support of his plaint. He said the damaged goods caused by defendant was valued shs. 14,659.75 and that he had spent shs. 150,000/- in compliance of his part of agreement. The defendant was taken to Criminal court and the defendant was fined. The plaintiff produced exhibits including agreements, pleadings and order from lower court (Achode SRM) paragraph (1) where the defendant was restrained from committing the breach of agreement. The plaintiff claimed shs. 1295.000/- plus interest from 1998 March. The witness was not cross –examined by defendant counsel who just left court.
After considering the evidence led by plaintiff and seeing it is not controveted I now enter judgment for plaintiff against the defendant in the sum of shs. 1,295.000/- with interest from March 1998 at court rates. Costs shall be to the plaintiff. The sum of shs. 120,000/- is to be deducted from this sum.
Dated this 19th day of November, 2004.
J.KHAMINWA
JUDGE
19.11.04
Khaminwa Judge
Jason – Court clerk
Mr. Tindika Non appearance for defendant
Judgment read in court.
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