All templatesREPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL SUIT NO. E118 OF 2024
BETWEEN
COAST STEEL MERCHANTS LIMITED………………………………………………PLAINTIFF
-VERSUS-
TSAVO BUILDERS LIMITED………………………………………………………………DEFENDANT
PLAINTIFF'S WRITTEN SUBMISSIONS
INTRODUCTION
1. These submissions are filed on behalf of the Plaintiff, Coast Steel Merchants Limited, in this suit against the Defendant, Tsavo Builders Limited. The Plaintiff's claim concerns the supply of steel reinforcement bars and the balance of the price remaining unpaid.
BACKGROUND
2. The Plaintiff supplied steel reinforcement bars worth KES 6,200,000 to the Defendant between March and May 2023.
3. The delivery notes for the said supply were signed by the Defendant's site manager, who testified.
4. The Defendant paid KES 2,000,000 and disputes the balance on quality grounds.
ISSUES FOR DETERMINATION
a. Whether delivery and acceptance of the steel reinforcement bars are proved by the signed delivery notes.
b. Whether the Defendant rejected the goods within a reasonable time under the Sale of Goods Act.
c. Whether the Defendant's quality complaint, raised only after demand, is sustainable.
SUBMISSIONS
5. On the first issue, delivery and acceptance are proved by the signed delivery notes. The delivery notes were signed by the Defendant's site manager, who testified. The signed delivery notes establish both delivery and acceptance of the steel reinforcement bars supplied between March and May 2023.
Litigation & Dispute Resolution
Written Submissions template (Kenya)
What it is for
A sample Written Submissions for use in Kenya, drafted under the Civil Procedure Act Cap 21.
The Kenyan law it follows
- Civil Procedure Act Cap 21 — ss.1A and 1B (overriding objective; the duty of the Court)
Who prepares it
This is normally drawn by an advocate, and where it is a court paper, filed by one. The sample shows what the finished document looks like.
Draft this for your matter
Advocates draft this on Lex from their own facts and download it in Word. If you need one prepared for you, find an advocate.
Sample written submissions
The first part of the sample is shown here. The names, amounts and facts are made up to show how the document reads.
The rest of this written submissions is for Lex members
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This is a sample for general information. It is not legal advice and may not suit your situation. Laws change, and a document has to fit your own facts; have an advocate check it before you rely on it.