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Joseph Gicheru Muchiri v. Chairman Kiangima Trading Centre,Leaf Base Manager & Kenya Tea Development Agency

(2015) JELR 100724 (CA)

Court of Appeal  •  Civil Appeal 39 of 2014  •  14 Apr 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

By a Plaint filed in the Chief Magistrate’s Court at Nyeri the appellant sued the respondents seeking inter alia general damages for loss of earnings due to him when his tea was rejected and was suspended from selling his tea to the 1st respondent. The appellant averred that the 3rd respondent was vicariously liable for the conduct of the 1st and 2nd respondents who were its agents.

At all material times the appellant was a tea grower licensed by the 3rd respondent; he used to take his tea to Kiangima trading centre which was under the jurisdiction of the 2nd respondent. It was the appellant’s evidence that on 2nd January, 1999 he took his tea to the trading centre; the clerk on duty did not properly weigh the tea and recorded a shortfall; the appellant complained but the said clerk refused to confirm the weight of the tea and to correct the error. Thereafter, on 4th January, 1999 the appellant took 70 kilograms of tea to the trading centre wherein the clerk refuse…

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