Lakha JA (dissenting).
Introductory
This appeal is from a decision of the superior court (Mrs Aluoch J) made on 27th October, 1999. The judge entered judgment for the plaintiff, Kiambu General Transport Agency Ltd, for substantial damages against the defendant, Kenya Breweries Limited.
In outline, the plaintiff’s claim is that because the defendant unlawfully terminated its appointment as the distributor of the defendant within Kiambu district in the Republic of Kenya in breach of agreement it suffered loss and damage. A total of seven witnesses testified at the trial whereof the plaintiff called three while the defendant called four. The hearing lasted eighteen days and the learned judge took about four months before she delivered judgment on 27th October 1999, running into forty-seven foolscap sheets.
The Plaintiff’s Case
At the hearing of the appeal it was accepted by Mr Gatonye (who had not appeared in the superior court) on behalf of the plaintiff that the letter of 17th October 1980 …