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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

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 that the food was to be supplied at a charge of Shs.15/= per plate but it is clear to me from the recorded evidence that that price was always a sore point between the respondent and the appellant. The canteen was originally run by one Ben Holland and the respondent started by running the canteen on behalf of Holland. The respondent's evidence on this was, and I quote her:-

"I had started negotiation for price increase even when …

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