“"liquidated claim"” — court decisions

Judgment[1989] KECA 6017 January 1989

Lalji t/a Vakkep Building Contractors v Carousel Limited

Court of Appeal at NairobiJudge Court,JUDGE APPEALCase number Civil Appeal 11 of 1989

Division and case type: CivilCivil Appeal

…Brothers Ltd [1969] EA 691, whose facts we do not need to recite here, Sir Charles Newbold, P, who wrote the leading judgment for the Court had this to say at page 694 (C-D): “Order 35 is intended to enable a plaintiff with a liquidated…

…claim, to which there is clearly no good defence, to obtain a quick and summary judgment without being unnecessarily kept from what is due to him by the delaying tactics of the defendant.…

Appeal dismissedDismissed12 min read

Judgment[1984] KECA 1719 February 1984

Kanji v Agriquip Agencies (EA) Ltd

Court of Appeal at Nairobitaxation of the bill of costs,HeCase number Civil Appeal 55 of 1982

Division and case type: CivilCivil Appeal

…Bills and cheques are orders to pay; promissory notes are promises to pay so the suit was for a liquidated claim on a promissory note and the contract was constituted by the note itself and the object of a note is to prevent…

Appeal dismissedDismissed28 min read

Judgment[1993] KEHC 811 February 1993

PAN AFRICA INSURANCE COMPANY LTD & 2 others v CLARKSON & SOUTHERN LIMITED

High Court at NairobiThomas Kithinji,Terence Christopher Goss,Seagon,Kuria,Nyaga,Silvester Kuria,Rahimtulla,Sadru Rahimtulla,Sampson,Rahimtullah,Ransley,Rahimtulla SHL,Silvester Kuria SHL,Deverell,