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Dakianga Distributors (K) Ltd v. Kenya Seed Company Umited)

(2015) JELR 102947 (CA)

Court of Appeal  •  Civil Appeal 168 of 2011  •  25 Feb 2015  •  Kenya

Coram
David Kenani Maraga, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGEMENT OF THE COURT

The suit was originally filed at the High Court of Kenya, Milimani Commercial Courts, Nairobi, but was later transferred to the High Court of Kenya, Kisii, where it was heard and determined by Asike-Makhandia, J (as he then was) who in the judgment delivered on 31st March, 2011 allowed part of the claim.

In the plaint the respondent, Kenya Seed Company Limited, claimed a sum of Kshs. 12,104,180/= from the appellant Dakianga Distributors Limited, in respect of several consignments of seeds the respondent claimed to have delivered to the appellant in the ordinary course of a business relationship where the appellant distributed the respondent's products. It was claimed, in the alternative, that the appellant had issued cheques for the said claimed sum which upon presentation for payment had been returned unpaid because there were insufficient funds in the appellants' account. Particulars of those cheques were set out in the plaint. During the hearing the respondent …

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