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John Richard Okuku Oloo v. South Nyanza Sugar Co Ltd

(2013) JELR 105433 (CA)

Court of Appeal  •  Civil Appeal 278 of 2010  •  20 Dec 2013  •  Kenya

John walter Onyango Otieno, Erastus Mwaniki Githinji, Sankale ole Kantai



The appellant, John Richard Okuku Oloo, was the plaintiff in the original suit before the subordinate court at Kisii being Chief Magistrates' Civil Suit No. 798 of 1998 where he sued the respondent South Nyanza Sugar Company Limited. It was alleged in the Plaint inter alia that the respondent contracted the appellant to grow and sell to it sugarcane at the appellants' parcel of land being Plot No. 9 L measuring 0.2 hectares in Field No. 83 Kanyimach East in Migori District. It was further alleged that the parties entered an agreement which commenced on 27th April, 1995 and that the agreement was to remain in force for a period of five years or until one plant and two ratoon crops of sugarcane were harvested on the plot, whichever period would be less. The appellant further alleged that the respondent failed to harvest the ready plant crop in time or at all and that on 22nd October, 1997, during the currency of the contract period, an arsonist torched the sugarcan…

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