INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORTION (ICDC) v NURU CHEMISTS LIMTIED, JAMES MASITA ISABOKE & REBECA NYANCHAMA NYAKUNDI [2009] KEHC 3374 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (MILIMANI COMMERCIAL COURTS)

Civil Suit 2123 of 2000

INDUSTRIAL & COMMERCIAL DEVELOPMENT

CORPORTION (ICDC)....................................................................    PLAINTIFF

VERSUS

NURU CHEMISTS LIMTIED ..............................................  1ST DEFENDNAT

JAMES MASITA ISABOKE ................................................. 2ND DEFENDANT

REBECA NYANCHAMA NYAKUNDI ................................ 3RD DEFENDANT

RULING

The plaintiff filed a suit seeking for a liquidated sum of Ksh.5. 117,645/80 from the defendants.  The sum is in respect of a loan advanced to the defendants pursuant to a loan agreement entered into, between the plaintiff and the defendants. The defendants filed a defence denying liability.

The plaintiff filed a notice of motion seeking for summary judgment against the 1st, 2nd and 3rd defendants as specified in the plaint. This application is based on the grounds that the defendants’ defence is a sham as the defendants are indebted to the plaintiff pursuant to a loan agreement dated August 2000, and the indebtedness is admitted.

The supporting affidavit by Isacc Budddy Mogaka gives further details of how the loan was granted, it was guaranteed by the 2nd and 3rd defendants. They failed to pay the loan which stood at Ksh. 5,117,645. 80 as at 31st August 2000 attracting interest at 24%% per annum.

The defendants despite having been served with this Notice of Motion have not filed a replying affidavit.  Accordingly the plaintiff’s application is allowed and summary judgment is entered against the 1st, 2nd and 3rd defendants as prayed.  Costs to the plaintiff.

RULING READ AND SIGNED THIS 30TH DAY OF JUNE 2009.

M.K. KOOME

JUDGE