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Kenwood Trading Company Limited v. Leonard Mutua

(1997) JELR 100158 (CA)

Court of Appeal  •  Civil Appeal 55 of 1996  •  22 Oct 1997  •  Kenya

Coram
Gurbachan Singh Pall, Amrittal Bhagwanji Shah, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

This appeal has rather an unfortunate history. On or about 25th March, 1991 the respondent (hereinafter referred to as "the plaintiff") filed a suit against the appellant (hereinafter referred to as "the defendant") claiming a sum of shs.2,500,000/=. The cause of action pleaded in the first instance is based on sale of goods, the claim being the balance of the agreed price of goods sold and delivered by the plaintiff to the defendant at the request of the defendant, during the month of March, 1989. The alternative cause of action pleaded in the plaint is based on three dishonoured cheques totalling shs.2,500,000/=.

An appearance was filed by Mrs. Rawal for the defendant. A defence and counter-claim was filed by her on behalf of the defendant on 9th May, 1991. A "reply to defence and counterclaim" was filed on 30th May, 1991. It ought to have been titled "Reply to Defence and Defence to Counterclaim".

We must point out at the outset that the pleadings are not model p…

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