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JUDGMENT OF THE COURT
The Da Gama Rose Group of Companies Ltd (appellant) through Casa Rosa Estates were in the flower farming business in the late 1990s and presumably thereafter. The period that concerns us is between 1997 when the cause of action in the suit leading to this appeal arose and 2005 when the impugned judgment was delivered.
Stokman Rozen Kenya Limited (respondent) on the other hand was also in the flower growing business. From the pleadings herein, it used to grow various types of young flower plants which would then be sold to other flower farmers for replanting. Among the respondent’s customers was the appellant. Sometime in early 1997, the appellant placed an order with the respondent for 240,000 plants as tabulated below:-
Golden Times
60,000 plants
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First Red
60,000 plants
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Dream
60,000 plants, and
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Cream Prophyta
60,000 plants
The prices are indicated in the order confirmations but we need not go into the details of the prices per plant as that is not in dispute.
It is wort…