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Kenya Trade Combine Ltd v. N. M. Shah

(2001) JELR 99902 (CA)

Court of Appeal  •  Civil Appeal 193 of 1999  •  16 Mar 2001  •  Kenya

Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, R.S.C Omolo



This is an appeal from the Ruling of the superior court (Rimita, J) delivered on 22nd October 1997. When the appeal came up for hearing before us in Nakuru on 23rd February, 2001, Miss B.A. Ouma appeared for the appellant while Mr. R.D. Sheth appeared for the respondent. There were 19 grounds of appeal but Miss Ouma decided to reduce or consolidate all these grounds of appeal into one which was to the effect that the learned Judge of the superior court erred in law in barring the appellant from being heard.

Miss Ouma pointed out that the claim was for Shs. 34 million plus general damages and that the appellant filed a defence and counter-claim. It was Miss Ouma’s contention that the Learned Judge should have looked at the pleadings already filed as these, indeed, disclosed triable issues.

In reply to Miss Ouma’s submission Mr. Sheth stated that the same were misleading and misconceived. It was his contention that there was a contract for 2,000 tons of sugar and that…

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