PHILIP AKEY
V.
CYRIL ANYOMI
JUDGMENT
Plaintiff is the owner of Toyota Land Cruiser Prado with registration number GT 6477 Y. Defendant is a businessman and C.E.O of Segina Car Rentals. Parties went into an agreement to rent out Plaintiff’s vehicle to Defendant’s clients. It is Plaintiff’s case that, his car was rented out at US$100 per a day and Defendant was entitled to 10% of the proceeds of the rental as commission. Plaintiff averred that, his vehicle was rented out for 322 days translating into an amount of US$32,200.00 less the 10% commission leaving amount due Plaintiff to be US$28,980.00.
Plaintiff averred that, in a further transaction in the year 2012, Defendant rented out his vehicle for 60 days translating into US$6,000.00 less the 10% commission leaving balance due Plaintiff to be US$5,400. Out of this amount, Defendant paid only US$1,025.00. It is Plaintiff’s case that, following acknowledgment of the debt by Defendant, the parties reached a settlement agreement for the debt to be paid b…