KCC 1039/2020

This case involved an investment contract involving a farm which had been invalidated. It was later discovered by the farm owner the investor had failed to pay utility bills they had had to pay. A key issue was the statute of limitations on repayment of those bills.

Background

A claimant filed a case against a defendant before the court. They requested the court to order the defendant to pay an amount of money in addition to legal interest of 7%. They said that the two parties had signed an investment contract in which the defendant had agreed to invest in the farm they owned. They said that the signed contract had stipulated that the defendant should pay the utility bills. They said that a ruling had been issued and had annulled the contract signed between the two parties, and the ruling had become a final one after they had appealed before the court of cassation. They said that they had got the farm back, but had found that the defendant had failed to pay the bills during the period in which he was investing in the farm. They said that they had paid the bills already.