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Kilimani Junior Academy Ltd v. Mildred Machanga T/A Learn IT

(2013) JELR 99839 (CA)

Court of Appeal  •  Civil Appeal 166 of 2005  •  12 Apr 2013  •  Kenya

Coram
John Wycliffe Mwera, Paul Kihara Kariuki, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

(1) This is an appeal from the judgment and decree of the High Court of Kenya at Nairobi (Mugo, J) dated the 27th May, 2005, by which the learned Judge awarded Mildred Machanga (the respondent) the sum of Kshs.3 million together with interest and costs, in a claim the respondent brought against Kilimani Junior Academy Ltd. (the appellant) for damages for breach of contract.

(2) By an Agreement in writing entered into between the appellant and the respondent dated the 2nd January, 2000, the respondent agreed to install 12 computers and maintain them in efficient working order at Kilimani Academy, a school operated by the appellant. The agreement was to run for three (3) years from the 10th January, 2000, and terminable by 12 months notice (clause 2). By clause 10 the appellant was to pay the respondent Kshs.400,000/= per school term, payable as to the sum of Kshs.200,000/= on the 15th of the first month of the term, and as to the balance of Kshs.200,000/= on the 15…

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