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Kenya Cement Marketing Limited v. James G.K. Njoroge t/a Baraka Tools and Hardware

(1997) JELR 100107 (CA)

Court of Appeal  •  Civil Appeal 75 of 1997  •  15 Oct 1997  •  Kenya

Coram
Gurbachan Singh Pall, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi

Judgement

JUDGMENT OF THE COURT

The appellant, Kenya Cement Marketing Limited, was the defendant in H.C.C.C. NO. 3737 of 1995. The suit in the superior Court was filed by the respondent Mr. James G.K. Njoroge trading under the firm name or style of Baraka Tools and Hardware. We will refer to the appellant as the defendant and the respondent as the plaintiff for the sake of convenience.

On the 29th day of December, 1995 the plaintiff filed a 15 page plaint against the defendant claiming the following reliefs:

"(a) Declarations in terms of paragraph 13 `above' and directions and judgment for loss and for damages as per paragraphs 8,9,12 `above' and loss of profit at the rate of shs.375,000/= per month.

(b) An order do issue restraining the defendant its servants or agents from realizing the security issued by the Standard Chartered Bank Ltd by way of Bank guarantee for the due performance of contract until determination of suit.

(c) Judgments for sums found due to the plaintiff after discovery.

(d) An …

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