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Damco Logistics Kenya Limited v. Bash Hauliers Limited

(2017) JELR 102940 (CA)

Court of Appeal  •  Civil Appeal 129 of 2014  •  12 May 2017  •  Kenya

Coram
Philip Nyamu Waki, Erastus Mwaniki Githinji, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

During the pendency of a suit filed at the High Court by the respondent against the appellant seeking some Kshs. 9,333,720 being the alleged balance of freight and transportation charges, the latter filed a notice of motion dated 20th December 2012 seeking leave of that court to amend its filed defence dated 13th April 2011 in terms of the draft amended defence, set-off and counterclaim that the appellant exhibited. The application was supported by an affidavit sworn by its legal officer one Terry Ngure explaining the need for the sought amendments, thus;

“6. THAT upon reconciling the plaintiff’s account with the defendant including applying the right of set off under the contract on account of the loss and damage incurred from the aforesaid accidents, it has emerged that the plaintiff is indebted to the defendant in the sum of Kshs. 729, 245.”

The appellant contended that the amendments sought to be introduced were necessary in order to enable the court to effectua…

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