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…Flowing from the above the appellant contended that a final judgement can be entered where the suit is for a liquidated demand only and cited the case of Charles Mwalia vs.…

…”…The words “debt or liquidated demand” do not extend to unliquidated damages, whether in tort or contract, even though the amount of such damages be named as a definite figure.” 36.…

…Where the plaint makes a liquidated demand only and the defendant fails to appear on or before the day fixed in the summons or all the defendants fail so to appear, the court shall, on request in Form No. 13 of Appendix A…

…, enter judgment against the defendant or defendants for any sum not exceeding the liquidated demand together with interest thereon from the filing of the suit, at such rate as the court thinks reasonable, to the date of…

…Order 10, Rule 4(2) CPR provides thus: Where the plaint makes a liquidated demand together with some other claim, and the defendant fails, or all the defendants fail, to appear as aforesaid, the Court shall, on request in…

…Form No. 13 of Appendix A, enter judgment for the liquidated demand and interest thereon as provided by sub-rule (1) but the award of costs shall await judgment upon such other claim.…

…Order 10 Rule 4 (1) and (2) of the Civil Procedure Rules, 2010 which provide as follows: “4(1) Where the plaint makes a liquidated demand only and the defendant fails to appear on or before the day fixed in the summons or…

…from the filing of the suit, at such rate as the court thinks reasonable, to the date of the judgment, and costs. (2) Where the plaint makes a liquidated demand together with some other claim, and the defendant fails, or…

…I equate this Rule with Order 10 Rule 4(1) of the Civil Procedure Rules which states as follows; ‘Where the plaint makes a liquidated demand only and the defendant fails to appear on or before the day fixed in the summons…

…or all the defendants fail so to appear, the court shall, on request in Form No. 13 of Appendix A, enter judgment against the defendant or defendants for any sum not exceeding the liquidated demand together with interest…

…Learned counsel further submitted that the respondent’s suit was for a liquidated demand and the defence by the defendant consisted of mere denials and the same was for striking out.…

…Thus is Maguga General Stores this court authoritatively enunciated the principle that in an action for a debt or liquidated demand a mere denial or general traverse will not do for all purposes.…

…In his statement of claim dated 12.10.2021, the Respondent made a liquidated demand of Kshs. 570,000.00 on account of a loan advanced to the Appellant.…

…As pointed out there was no liquidated demand. Judgment could only have been entered upon a formal proof.…

…The Kenya Bureau of Standards [2001] 1 EA is where the learned Judge held: “A liquidated demand is in the nature of a debt, a specific such of money due and payable under or by virtue of a contract.…

…ascertained as a mere matter of arithmetic if the ascertainment of a sum of money, even though it be specific or named as of definite figure requires investigation beyond mere calculation , then the sum is not a “a debt or liquidated…

…The provisions on these items are Order 10 Rule 4 and Order 10 Rule 6 of the Civil Procedure Rules which provide as follows: - Judgment upon a liquidated demand [Order 10 Rule 4] (1) Where the plaint makes a liquidated demand…

…on or before the day fixed in the summons or all the defendants fail to so appear, the Court shall on request in Form No. 13 of Appendix A, enter judgment against the defendant or defendants for any sum not exceeding the liquidated…

…Thus, in an action for a debt or liquidated demand in money, a mere denial of the debt is wholly inadmissible”, (underling supplied).…

…I think the words “debt or liquidated demand” point to the old division of common law actions to be found in Bullen and Leake, 2nd edition page 28.…

…It has made a liquidated demand for monies they say is the balance of sums due to them from the defendant for services rendered to them in a building contract.…

…Order 36 rules 1 (a) provides that in a suit where a plaintiff seeks judgment for a liquidated demand with or without interest and where the defendant has appeared but not filed a defence, the plaintiff may apply for judgment…

…The respondent was making a liquidated demand. There was no defence filed in the matter. This was in my view, a clear case where a summary judgment could be entered.…

…The appellant submitted that xxx Order 36 Rule 1 of the Civil Procedure Rules, it is provided that: "In all suits where a plaintiff seeks judgment for-- (a) a liquidated demand with or without interest; or (b) .... where…

…The claim for collection charges of Kshs.13,500 is dismissed as it was neither specifically proved nor shown to be a liquidated demand. 23.…

…This relief does not qualify as a liquidated demand…” It is clear that the trial magistrate failed to consider the statement of defence which on prima facie raised triable issues.…

…Summary Judgment is provided for under Order 36 of the Civil Procedure Rules and it stipulates as follows: “In all suits where a plaintiff seeks judgment for— a liquidated demand with or without interest; or the recovery…

…Summary Judgment is provided for under Order 36 of the Civil Procedure Rules and it stipulates as follows: “In all suits where a plaintiff seeks judgment for— a liquidated demand with or without interest; or the recovery…

…The law on entry of default judgment is found in Order 10 Rule 4(1) of the Civil Procedure Rules, which provides that: “Where the plaint makes a liquidated demand only and the defendant fails to appear on or before the day…