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FRANCIS KAMANDE V. VANGUARD ELECTRICAL SERVICES LTD

(1998) JELR 104409 (CA)

Court of Appeal  •  Civil Appeal 152 of 1996  •  3 Apr 1998  •  Kenya

Coram
Gurbachan Singh Pall Philip Kiptoo Tunoi

Judgement
<p class="ql-align-center"><strong>JUDGMENT OF THE COURT</strong></p><p class="ql-align-justify">This is an appeal from the ruling and orders of the High Court of Kenya at Nairobi (Ringera J) given on 2nd July 1996.</p><p class="ql-align-justify">The appellant has sued the respondent for shs.500,000/= with interest and costs. The basis of the appellant&#x27;s claim as disclosed in paragraph 3 of his plaint is that by a power of attorney one Kimani Nganga trading as Ceketco Freight Forwarders Ltd (Ceketco) empowered the appellant to recover a sum of shs.500,000/=, owed to him by Ceketco, from the respondent. Thus, the appellant has sued the respondent to recover shs.500,000/= in respect of services by Ceketco rendered to the respondent namely to clear the respondent goods with the Customs Department.</p><p class="ql-align-justify">By its amended defence and counterclaim the respondent denied that it owed Ceketco the said sum of shs.500,000/= or any other sum at all as alleged in paragraph 3 of the plaint. It also denied that the respondent had any knowledge of any services rendered to it by Ceketco and put the appellant to striโ€ฆ</p>

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