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Kenya Post Office Savings Bank v. Interior Trends Ltd

(2001) JELR 99972 (CA)

Court of Appeal  •  Civil Appeal 145 of 2000  •  13 Jul 2001  •  Kenya

Emmanuel Okello O'Kubasu, Effie Owuor, Richard Otieno Kwach



The appellant, Kenya Post Office Savings Bank, filed a suit against the respondent, Interior Trends Limited, seeking judgment for Shs.647900/=, interest at 14% as from 3rd December, 1996 and costs of the suit. The relevant paragraphs of the plaint were as follows:-

"3.In 1996 or thereabouts the Plaintiff entered into an agreement with the Defendant for the supply of the Defendant to the Plaintiff of office furniture valued at Kshs.2,167,000/=. A deposit of Kshs.1 million was made to the Defendant by the Plaintiff upon the Defendant's request and instance. The plaintiff will rely on the contract for its full tenor and effect.

4.The plaintiffs claim against the Defendant is for Kshs.647,000/= being the sum due and owing from the Defendant to the Plaintiff for the value of furniture not supplied by the Defendant to the Plaintiff in breach of contract, particulars are within the Defendants knowledge.

5.Despite demand being made and Notice of intention to sue being given …

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