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Esso Kenya Ltd v. Mark Makwata Okiya

(1992) JELR 98365 (CA)

Court of Appeal  •  Civil Appeal 69 of 1991  •  10 Jul 1992  •  Kenya

Coram
Richard Otieno Kwach, Joseph Raymond Otieno Masime, John Mwangi Gachuhi

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(Coram: Gachuhi, Masime and Kwach JJ A)

CIVIL APPEAL NO 69 OF 1991

ESSO KENYA LTD..............................................APPELLANT

AND

MARK MAKWATA OKIYA..............................RESPONDENT

(Appeal from the Ruling of the High Court of Kenya at Kakamega (Osiemo J) dated 20th February 1991

in

HCCC No 379 of 1990)

**********************

JUDGMENT

Kwach JA. Esso Kenya Limited (the appellant) is the registered owner of a petrol station on Plot LR Nos 15 and 16, Kakamega in Western Province. Under an arrangement dated 4th January 1989 entered into between the appellant and Mark Makwata Okiya (the respondent), the appellant granted the respondent an exclusive license to sell the appellant’s products at the service station and for that purpose only. The agreement was for a term of six months renewable. The respondent paid the appellant an operator’s fee of Kshs 2000/- per month and an additional fee calculated at the rate of 2 cents per litre of motor fuels and …

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