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Benson Mbuchu Gichuki v. Evans Kamende Munjua, James Mbuti Kungu & Teresia T. Mbuti

(2008) JELR 105737 (CA)

Court of Appeal  •  Civil Appeal 304 of 2006  •  21 Nov 2008  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, John walter Onyango Otieno



The history of the case resulting in this appeal is long but, in our view, the facts are straightforward. The appellant, Benson Mbuchu Gichuki, is by profession, an “arbitrator”. The first respondent, Evans Kamende Munjua and the second respondent James Mbuti Kungu, were, in the year 1993, partners trading in the name and style of Uplands Agencies. They were, among others, involved in transportation business. Sometimes during the year 1993 or thereabouts, the respondents, under their firm name of Uplands Agencies, entered into a contract with an organization known as Norwegians Peoples Aid which was at that time supplying food and other relief cargo to Sudan, Zaire and other places. The third respondent is the wife of the second respondent and came into the scene much later as will be seen later in this judgment.

The first two respondents had a dispute with Norwegian Peoples Aid (NPA) over their contract as the respondents claimed a breach of contract entered into …

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