Southern Credit Banking Corporation v Bhupinder Singh Dogra [2004] KEHC 1275 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI COMMERCIAL COURT

CIVIL CASE NO 249 OF 2003

SOUTHERN CREDIT BANKING CORPORTATION………......………….PLAINTIFF

VERSUS

BHUPINDER SINGH DOGRA ……………………………………...….DEFENDANT

RULING

When the Plaintiff’s application dated 7th October 2004 came up for hearing the defendant’s counsel who had been served failed to attend and the same proceeded ex parte.

The application is under Order 35 Rule 1 of the Civil Procedure Rules and Section 3 A of the Civil Procedure Act.

The Plaintiff seeks that summary judgment be entered for the plaintiff as prayed for in the amended plaint and the defence statement filed by the defendant be struck out and or dismissed.

The plaintiff on or about September 1995 granted the defendant a loan of kshs 4. 5 million and as security the defendant executed a charge over L.R. No. KILIFI/JIMBA/277. The defendant despite his unequivocal promise to service the said loan failed to repay the said money, as at 31st July 2000 the amount due from the defendant was kshs 5 million.

The defendant also executed a guarantee on behalf of Vulpine Investment Ltd in which company the defendant is also a director. The plaintiff granted the said Vulpine Investment Ltd loans and over drafts facilities.

The said company breached the terms of the loan and as at 31st July 2000 it was indebted to the Plaintiff for kshs 10 million.

Following protracted negotiations between the plaintiff through the Central Bank of Kenya appointed manager and the defendant it was agreed that the accrued interest on these loans be written off and the defendant to settle the amount of kshs 15 million. Exhibit ‘W05’ are letters of admission written by the defendant, his agent or advocate.

The plaintiff counsel, in view of the aforesaid, submitted that the defendant is truly and justly indebted to the plaintiff for kshs 15 million plus interest at the rate of 28% per annum compounded from 1st August 2000.   The Plaintiff’s counsel prayed for judgment accordingly.

Having heard counsel’s submission and having regard to the application and the supporting affidavit I am of the view that the Plaintiff’s application is merited and I accordingly grant prayers No 1 and 2 as prayed in the application dated 7th October 2004, the costs of that application are awarded to the Plaintiff.

It is so ordered

Dated and delivered this 16th November 2004.

MARY KASANGO

AG JUDGE