Hussein Dairy Limited v Southern Credit Banking Corporation

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 Arb JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/2870/eng@2024-03-21 1