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GATUKUYU COFFEE GROWERS CO-OPERATIVE SOCIETY LTD VNATGIL ENTERPRISES LIMITED

(1988) JELR 104873 (CA)

Court of Appeal  •  Civil Appeal 37 of 1986  •  16 Dec 1988  •  Kenya

Coram
Johnson Evan Gicheru, Joseph Raymond Otieno Masime, James Onyiego Nyarangi

Judgement

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 to a letter dated August 15, 1984 addressed by the appellant to the director, Ashford Laboratories and copied to the respondent, Natgil Enterprises Ltd it would appear tat the meeting referred to above did take place as scheduled. This letter which was headed:

“RE : REVOKING OF OUR…

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