Hussein Dairy Limited v Southern Credit Banking Corporation [2024] KEHC 2870 (KLR)

Hussein Dairy Limited v Southern Credit Banking Corporation (Civil Suit 252 of 2008) [2024] KEHC 2870 (KLR) (Commercial and Tax) (21 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2870 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Commercial Courts)

Commercial and Tax

Civil Suit 252 of 2008

A Mabeya, J

March 21, 2024

Between

Hussein Dairy Limited

Plaintiff

and

Southern Credit Banking Corporation

Defendant

Ruling

1. Vide a Motion on Notice dated 5/6/2023, the plaintiff sought that a joint accountant be appointed to recalculate the interest due in the facility as ordered by the Court in its judgment dated 4/9/2020.

2. The Court allowed the application and made the order on 10/7/2023. Pursuant thereto, Francis Kieti & Associates, Certified Public Accountants, were appointed to do the recalculation. Vide a report dated 18/9/2023, which was filed in Court, the said firm recalculated the total recoverable interest as Kshs. 36,322,025/=.

3. On 18/3/2024, the parties appeared before me and urged that the said amount be ordered as payable to the plaintiff.

4. Accordingly, I enter judgment and direct that the plaintiff be paid the said sum of Kshs. 36,322,025/= in accordance with the judgment of the Court made on 4/9/2020.

5. A decree to that effect does issue.It is so ordered.

DATED AND DELIVERED AT NAIROBI THIS 21ST DAY OF MARCH, 2024. A. MABEYA, FCI ArbJUDGE