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Kenya Wine Agencies v. Technomatic Limited & Ocean Freight (E.A. Limited)

(2014) JELR 105127 (CA)

Court of Appeal  •  Civil Appeal 16 of 2013  •  20 Mar 2014  •  Kenya

Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale



[1] Litigation giving rise to the appeal before us, commenced with High Court Civil Case No. 398 of 2005 which was filed at Nairobi Milimani Commercial Court by Technomatic Limited t/a Promopack Company (hereinafter referred to as the 1st respondent). The 1st respondent had sued Kenya Wine Agencies Ltd (hereinafter referred to as the appellant), seeking judgment as follows:

Judgment to be entered against the appellant for Kshs.59,243,072.20/-

A permanent injunction restraining the appellant from committing further breach of the contract between it and the 1st respondent entered into in February 2004.

Damages for the breach of contract.

A mandatory injunction compelling the appellant to perform its obligation under the contract entered into in February, 2004.

Costs of this suit.

Interests at Court rates

[2] The appellant filed an amended defence and counter claim dated 25th October 2006, in which it admitted having entered into an agreement with the 1st respondent for su…

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