REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 2000
******** LIMITED…………………...…………………………………PLAINTIFF
-VERSUS-
******** MARINE LIMITED………………………………………………....DEFENDANT
PLAINT
1. The Plaintiff is a limited liability Company duly incorporated and registered pursuant to the provisions of the Companies Act, Chapter 486 Laws of Kenya and having its registered office and principal place of business at Nairobi within the Republic of Kenya. Its address for service for the purposes of this suit is care of ******** & Company Advocates, ********, Arboretum Drive, P. O. Box ********, Nairobi.
2. The Defendant is a limited liability company incorporated and registered pursuant to the provisions of The Companies Act aforesaid and having its principal place of business at Mombasa within the Republic of Kenya. Service of Summons herein will be effected through the offices of the Plaintiff’s Advocates aforesaid
3. The Plaintiff’s principal claim against the Defendant is for the net total unpaid sum of Kshs.8,024,146.55 comprised of US$.95,598 and Kshs.854,296.55 being the price of petroleum products sold and delivered by the Plaintiff to the Defendant within the Republic of Kenya at the Defendant’s instance and request on diverse dates between September 1997 to June 1998 as follows:-
ITEM | INVOICE NO. | INVOICE DATE | VALUE (US$) | VALUE (K SHS.) |
1 | 01380859 | 15/09/1997 | 47,977.22 | |
2 | 01380862 | 16/09/1997 | 175,273.66 | |
3 | 01380865 | 30/09/1997 | 242,294.65 | |
4 | 01380860 (Credit Note No. 20395341 issued for the amount of Kshs.29,653 dated 31.10.97 | 16/09/1997 | 183,797.00–29,653 = 154,144.00 | |
5 | 01380861 | 19/09/1997 | 312,377.00 | |
6 | 01380866 | 30/09/1997 | 167,419.00 | |
7 | 01381118 | 24/06/98 | 220,356.55 | |
Total amount due | 465,545.53 | 854,296.55 | ||
Following demands by the Plaintiff, the Defendant made payments for the sum of US$369,947.53 leaving an outstanding balance of US$.95,598 and Kshs.854,296.55.
Amount due US$ 95,598.00
Equivalent in local currency (at the rate of Kshs.75 per dollar) Kshs.7,169,850.00
--------------------Add: Local currency amount due Kshs. 854,296.55
Kshs.8,024,146.55
==========
4. The aforesaid principal sum of Kshs.8,024,146.55 has fallen due and payable and remains due and outstanding from the Defendant to date.
5. It was and express and/or implied term of the contract between the parties that:-
(a) Payment on the various consignments/uplifts would be effected thirty (30) days after the supply;
(b) In default of payment of the respective amounts as and when the same fell due as aforesaid, the Defendant would be liable to pay interest thereon at commercial rates prevailing from time to time.
In so far as the terms and conditions were oral, the same were contained in the verbal requests made by the Defendant, its respective agents and/or servants to the Plaintiff to uplift the Plaintiff’s petroleum products.
In so far as the terms and conditions were written, the same were contained in the various invoices statements of account and delivery notes made out by the Plaintiff.
And the Plaintiff shall crave the leave of this Honourable Court to refer the said documents for their full meaning effect and purport thereof.
6. In view of paragraph 3, 4 and 5 above, the Plaintiff claims:-
(a) The sum of Kshs.8,024,146.55 as more particularly set out in Paragraph 3 hereof, and
(b) Interest on the said outstanding amount of Kshs.8,024,146.55 at commercial rates of interest (currently 32% per annum) prevailing from time to time from the respective due dates until payment in full.
7. Despite demand having been made and notice of intention to sue having been given, the Defendant has refused, failed and/or neglected to pay the aforesaid sum of any part thereof.
REASONS WHEREOF the Plaintiff prays for judgments against the Defendant for: -
(a) The said sum of Kshs.8,024,146.55.
(b) Interest on (a) above at commercial rates (currently 32% per annum) prevailing from time to time from the respective due dates until payment in full.
(c) Costs of this suit and interest thereon at court rates.
(d) Such other or further relief as this Honourable court may deem just to grant.
DATED at Nairobi this day of 2000.
TETU AND COMPANY
ADVOCATES FOR THE PLAINTIFF
DRAWN AND FILED BY:-
******** and Company
Advocates,
********,
Arboretum Wing,
P. O. Box ********,
NAIROBI.
TO BE SERVED UPON:-
(Through the Plaintiff’s Advocates Offices)
******** Marine Limited,
c/CCCCC Petroleum Limited,
P. O. Box CCCCCC,
