The Plaintiff’s application dated 11.11.2021 seeks judgment on admission under Order 13 rule 2 of the Civil Procedure Rules. The application is supported by the affidavit of its Finance Manager, Denis Njuguna, sworn on 11.11.2021.
The application has been served and is not opposed.
The Defendant is a beer distributor and it entered into business with the Plaintiff to supply it fridges to be distributed in various location where it beverages were being sold. From the supporting deposition and the annextures thereto, the admission is contained in a letter of undertaking by the Defendant dated 19.05.2022. There are also on record letters, whatsapp messages and email correspondence confirming the debt. It is also clear that parties had entered into negotiations to resolve the matter but the negotiation were unsuccessful.
The Plaintiff has proved the admissions and I therefore allow the Plaintiff’s application dated 11.11.2022 on the following terms:
1. Judgment entered be and is hereby entered for the Plaintiff against the Defendant as prayed in prayers a, b, c and d of the Plaint dated 21.09.2022.
2. Prayer is e of the Plaint is hereby marked withdrawn.
3. The decretal amount shall accrue interest at court rates from the date of filing suit until payment in full.
4. The Defendant shall bear costs of the application and the suit.
DATED and DELIVERED at NAIROBI this 6th day of JUNE 2022
D. S. MAJANJA
JUDGE