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…Muloli P.M dismissing the plaintiff’s suit for failing to meet the threshold for a liquidated claim. the appellant aggrieved by the said decision approached this court vide a memorandum of appeal dated 20th December 2021.…

…The duty of the appellant was to present evidence in a liquidated to claim to establish that the claim existed and that the defendant was under a legal obligation to settle the claim.…

…It is instructive from the plaint that the Appellant’s principal prayer was a liquidated claim for Ksh.83,278/-. Costs and interest were sought as consequential reliefs.…

…liquidated claim and the balance of the claim(s) will proceed for formal proof. 19.…

…Cheloti delivered on 4th October 2024 in CMCC No. 7015 of 2018) Background The Appellant herein was the Defendant before the lower court, where the Respondents (Plaintiffs) had sued it for a liquidated claim.…

…Ltd [2019] eKLR , where the Court of Appeal held that: “In liquidated claims, interest is ordinarily awarded from the date of filing suit unless the court, for good reason, orders otherwise.”…

…The trial magistrate in his ruling referred to the case of Ranghbir Singh Chatte v National Bank Limited of Kenya [1996] eKLR where the claim was a liquidated matter, however, declaratory suits are not liquidated damage claims…

…Instead, he based the decision to strike out the suit on the holding of Ranghbir Singh Chatte v National Bank of Kenya Ltd (Supra) where the suit in question was for a liquidated claim.…

…The respondent sued the appellant in the Chief Magistrates’ Court Civil Case No. 857 of 2019 for a liquidated claim of Kshs. 217, 174/= together costs and interest.…

…There was no liquidated claim in the reliefs sought.…

…It argues that the claim is not statute barred by reason of section 23(3) of the LAA which states as follows: 23(3) Where a right of action has accrued to recover a debt or other liquidated pecuniary claim, or a claim to…

…Section 23(3) only applies where the claimant seeks to, “recover a debt or other liquidated pecuniary claim.’’ The Appellant is correct to state the claim is not for recovery of a debt.…

…This was a liquidated claim based on a breach of contract.…

…The appellant in her submissions argued that to the extent that the suit before the trial court was a contentious non-liquidated claim for damages, she was entitled to the reimbursement of costs pursuant to the provisions…

…The above provision seems to suggest that in liquidated claims, failure to serve a defendant with a demand letter would disentitle a plaintiff of an award of costs.…

…This court therefore finds that this is not a special damage claim as stated by the Appellant but a liquidated claim arising out of failure to pay invoiced amount for the supply of some of the agreed-upon spare parts and…

…I am satisfied that the Respondent proved its case on a balance of probability by relying on the statement of account, invoices and delivery notes to proof his liquidated claim.…

…prayer 3 above, this Honourable court be pleased to issue an Order directing the Defendant/Respondent to put such security before judgment as will be adequate to satisfy any judgment that may be made on the Plaintiff's Liquidated…

…claim pending the hearing and determination of the main suit.…

…In any event, the appellant’s claim was a liquidated claim and once judgement was entered in default, there was no need for formal proof.…

…In any event, the appellant’s claim was a liquidated claim and once judgement was entered in default, there was no need for formal proof.…

…' The appellant filed a claim at the small claims court at Ruiru against the respondent claiming a liquidated sum of Kshs 251,000.00 being balance of sum due for services the appellant provided to the respondent between 2018…

…In my opinion, where the claim is for liquidated sum, the court has no business going into and analysing the documents which were intended to be produced as exhibits.…

…KLR) , a recent High Court decision on appeal from the Small Claims Court which squarely addressed an identical argument and rejected the contention that failure to enumerate specific particulars of negligence rendered a liquidated…

…claim fatally defective. 14.…

…court rendered a judgment on 3/7/ 2023 in which the appellants were found to be liable to pay to the respondents the sum of Ksh. 7,770,112.25 with interest at 13.5% from 16 th March 2021 until payment in full being the liquidated…

…claim and Ksh. 1,000,000 in general damages.…

…He urged that the claim was not opposed and with regard to the affidavit of service dated 09.05.2022, he requested that judgement be entered in default of response in respect of the liquidated claim of Kshs. 237,910, plus…

…Going to the trial court’s record, the Respondent herein (the Claimant in the lower court), presented the claim, vide a Statement of Claim dated 29th August, 2022 seeking relief in the nature of a liquidated claim for the…

…On the commencement date, this court is persuaded by the reasoning in Orix Oil (Kenya) Limited v Paul Kabeu & 2 others (supra) that interest on a liquidated claim should ordinarily run from the date of filing suit.…