IN THE COURT OF APPEAL
AT NAIROBI
(COram: Nyarangi, Masime JJA and Gicheru Ag JA)
CIVIL APPEAL NO 37 OF 1986
GATUKUYU COFFEE GROWERS CO-OPERATIVE SOCIETY LTD...........APPELLANT
VERSUS
NATGIL ENTERPRISES LIMITED...................................................................RESPONDENT
JUDGMENT
December 16, 1988, Nyarangi, Masime JJA and Gicheru Ag JA delivered the following Judgment.
By a letter dated July 23, 1984 the appellant, Gatukuyu Coffee Growers Co-operative Society Ltd, invited the chairman, Ashford Laboratories (K) Ltd. (Hereinafter called Ashford Laboratories) to its (appellant’s) management committee meeting which was scheduled for August 13, 1984 starting at 10,00 am. This letter was copied to the Managing Director, Afrocox (K) Ltd, the commission agent of Ashford Laboratories for the supply of the Central Province. The purpose of the invitation was to discuss further about the fungicide mentioned above which had been supplied to the appellant by Ashford Laboratories. According…