Cargo Movers Ltd v Dei Industries International Ltd & Grain Bulk Handlers Ltd [2019] KEHC 8347 (KLR) | Liquidated Claims | Esheria

Cargo Movers Ltd v Dei Industries International Ltd & Grain Bulk Handlers Ltd [2019] KEHC 8347 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CIVIL CASE NO. 5 OF 2019

CARGO MOVERS LTD.........................................................................PLAINTIFF

VERSUS

1.  DEI INDUSTRIES INTERNATIONAL LTD

2.  GRAIN BULK HANDLERS LTD…………………………………DEFENDANTS

O R D E R

1. By consent:-

The plaintiff's suit against the interested party is struck out with costs to the interested party to be paid by the plaintiffs.

2. Further Orders:

At the instance and request of the plaintiff the court makes the following orders:-

a) On the basis of payment by the defendant of the liquidated sum claimed that prayer is marked as fully adjusted and settled.

b) The claim for general damages is marked as withdrawn.

c) As the defendant has admitted the plaintiffs claim by payment of the sum claimed, costs of the suit are awarded to the plaintiff.

Dated at Mombasa on this 4th day of April 2019.

P.J.O. OTIENO

JUDGE