JUDGMENT
Muslim Mohamed Jaffer Abdulla Kanji (the appellant) trades as ‘Airoquip and Applications’. He is a businessman who deals in something called ‘Air Tools’ and construction Equipment, cooling systems for industry, Monarch Pumps and cooling towers.
Agriquip Agencies (EA) Ltd (the respondent) deals in agricultural, automotive and industrial parts. Its directors are all Somaias and one of them, Yogesh deals with the appellant and his colleague, Asaria, in the course of their relations between by August 19, 1979 and April 15, 1981.
The appellant by August 19, 1979 had an agency for portable compressors and tools made by the Consolidated Pneumatic Tool Company Ltd (CP and T) in Britain which had offices in Singapore. The appellant found that the authorities in Kenya wanted a 100% deposit for his orders for compressors, or tools and so he decided to persuade the respondent to ‘join hands’ (as Kanji put it to Somaia) in the hope that the respondent would provide Kshs 4 to 6 million in a …