The High Court under Justice Olga Sewe has ordered Mombasa County government to pay Sh46.5 million to Kenya Trucks and Tractors Ltd for the supply of five 20-tonne tipper lorries delivered in June 2015.
Justice Sewe ruled in favor of the firm, concluding that in the absence of proof of payment, she was satisfied that the money remains due and payable by the county government.
According to Justice Sewe, she was persuaded of the veracity of the company’s witness testimony that it had agreed to the county government’s request to have the money paid in two installments, but that request had not been honored.
“In the result, judgment is hereby entered for the plaintiff in the sum of Sh46.5 million together with interest thereon at court rates from the date hereof until payment in full together with costs of the suit,” Justice Sewe ruled.
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According to Kenya Trucks and Tractors Ltd, they were a successful bidder after responding to an invitation to the tender advertised in local newspapers in 2014 for the supply and delivery of five units of 20-tonne payload tippers.
The firm proceeded to import the tippers on behalf of the defendant and delivered them on June 22, 2015.
The firm further informed the court that despite numerous requests, follow-ups, and undertakings, the defendant failed, refused, and omitted to pay the money plus interest and additional charges spent in connection with the provision of the tippers.
On its part, the county government sought the dismissal of the case, denying every claim by the company, including allegations that it issued the LPO.
It further denied having received any tippers from the plaintiff.
