A Claim for Consideration of Delivered Goods is a formal civil claim used in Kenya when a supplier, trader, service provider, or business entity seeks payment for goods that were delivered to a customer but remain unpaid. This document is jurisdiction-specific to Kenya and is governed by the Sale of Goods Act (Cap 31), the Law of Contract Act (Cap 23), and the Civil Procedure Rules, 2010, which regulate how commercial disputes are initiated and prosecuted in Kenyan courts.This claim is designed for suppliers, wholesalers, retailers, contractors, manufacturers, delivery agents, and businesses who have fully performed their obligations by supplying goods but have not received the agreed consideration or payment from the buyer. It is commonly used in disputes involving trade credit arrangements, supply contracts, purchase orders, consignment deliveries, and informal or oral agreements where the buyer has accepted goods but refuses, neglects, or delays to pay.A well-prepared Claim for Consideration of Delivered Goods sets out the existence of a contractual relationship, the nature and quantity of goods supplied, the agreed price or consideration, and clear evidence that the goods were delivered and accepted. It also details the buyer’s failure to pay within the agreed timeframe and outlines the remedies sought. These remedies may include special damages (such as the unpaid amount), interest, enforcement of contractual terms, and any additional losses arising from the breach. Supporting documents—such as delivery notes, invoices, receipts, emails, purchase orders, and statements of account—are key in proving the claim.The claim is usually filed through a plaint, accompanied by a verifying affidavit, a list of documents, and witness statements. Once filed, the buyer (defendant) is served and required to respond. This type of claim is essential in enforcing commercial obligations, protecting suppliers, and supporting fairness and reliability in Kenya’s trade and business environment.
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Last Edited On December 1, 2025.
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