Municipal Council of Kisumu v National Housing Corporation

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 31 st 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 Housing Corporation ……” 5. The Accounts were said to cover the period between 1 st 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 Total LESS money collected BALANCE 1,167,707,650.1 - 139,604,189.17 1,028,103,460.9 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.

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