KENYA WINE AGENCIES V. TECHNOMATIC LIMITED & OCEAN FREIGHT (E.A. LIMITED)

JUDGMENT OF THE COURT

[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 1^st respondent). The 1^st 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 1^st 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 25^th October 2006, in which it admitted having entered into an agreement with the 1^st respondent for su…