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BAMBURI PORTLAND CEMENT COMPANY LIMITED v. MRS. PHILEMON OYIGO

(1996) JELR 105896 (CA)

Court of Appeal  •  civ app 119 of 96  •  11 Oct 1996  •  Kenya

Coram
Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT MOMBASA

CORAM: GICHERU, OMOLO and TUNOI, JJ.A.

CIVIL APPEAL NO. 119 OF 1996

BETWEEN

BAMBURI PORTLAND CEMENT COMPANY LIMITED ............... APPELLANT

AND

MRS. PHILEMON OYIGO ................................... RESPONDENT

(Appeal from a judgment and decree of the High Court of

Kenya at Mombasa (Justice I.C.C. Wambiliyangah)

dated 21st November, 1995

in

H.C.C.C. NO. 331 OF 1989)

***************

JUDGMENT OF OMOLO, J.A.

I think that on the material which was placed before the learned judge of the superior court (Wambiliyangah, J.), he did arrive at a reasonable decision and I see no occasion for us to interfere with him. One thing was established by the evidence which was before the judge and that was that since 1985, the respondent had been running the appellant's staff canteen and was supplying the appellant with various types of cooked meals. Whether that agreement was in writing or verbal does not seem to matter very much. At first the agreement was…

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