Municipal Council of Kisumu v National Housing Corporation [2019] KEHC 456 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

CIVIL CASE NO. 26 OF 2005

MUNICIPAL COUNCIL OF KISUMU............................... PLAINTIFF

VERSUS

NATIONAL HOUSING CORPORATION............................... DEFENDANT

RULING

On 17th September 2018 the Court delivered its Judgment, in which it held that the Plaintiff owed to the Defendant the sum of Kshs 565,071,199. 78, as at 31st December 2009.

1. The learned Judge ordered the Defendant to render a full Account on the status of the Plaintiff’s loans from 31st December 2009.

2. The Court ordered that the Accounts were to include the chargeable Interest, in accordance with each Loan Agreement, as well as the monies received from the suit properties and the amount charged for Fees and Expenses.

3. The Defendant was supposed to render the Accounts within 6 months from the date of the Judgment.

4. The record shows that the Defendant filed a document titled

“Full Accounts on Debt owed by Municipal Council of Kisumu to National HousingCorporation ……”

5. The Accounts were said to cover the period between 1st January 2010 and 31st March 2019.

6. According to the Accounts filed in court, the total amount due from the Plaintiff was Kshs 1,028,103,460. 88.

7. That balance is made up of the following amounts;

(a)The sum for which

Judgment was entered ……….                       565,071,199. 78

(b)Chargeable Interest ………….             536,736,836. 00

(c)Charges for Fees

and Expenses ……………………              65,899,614. 23

Sub Total1,167,707,650. 1

LESSmoney collected                  - 139,604,189. 17

BALANCE1,028,103,460. 9

8. The Plaintiff did not challenge the Accounts which had been provided by the Defendant.  Therefore, I do now hold that the said Accounts were uncontroverted, and thus represent an accurate reflection of the money owed by the Plaintiff to the Defendant.

9. For the avoidance of any doubt, I find that as at 31st March 2019 the Plaintiff owed the Defendant the sum of Kshs 1,028,103,460/90.

DATED, SIGNED and DELIVERED at KISUMU

This4thday of December2019

FRED A. OCHIENG

JUDGE