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Amalo Company Lmited v. Smithkline & Beecham Consumer Health Care Ltd

(2015) JELR 105613 (CA)

Court of Appeal  •  Civil Appeal 103 of 2009  •  21 May 2015  •  Kenya

David Kenani Maraga, Festus Azangalala, Sankale ole Kantai



By the amended plaint filed at the High Court of Kenya, Kisumu, on 25th October, 2005 the appellant, Amalo Company Limited, sued the respondent Smithkline Beecham Consumer Health Care Limited for what it called a breach of contract. It was alleged in the plaint that the respondent had by a letter dated 10th August, 1995 appointed the appellant as its sole distribution agent for its products in stated areas in Western Kenya and that the respondent breached the said contract leading the appellant to suffer various losses for which it claimed various reliefs as follows: loss of profits; Kshs. 4,335,996/= being "reliance loss suffered by the plaintiff due to expenditure on motor vehicles"; Kshs. 4,079,101/50 being compensation for expired stocks held by the appellant; Kshs. 5,396,661/10 as refund for unexpired stock held by the appellant; an order compelling the respond not to collect all expired and unexpired products held by the appellant and there was also a praye…

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