MATHEWS O. WINAM V. SOUTH NYANZA SUGAR COMPANY LIMITED

JUDGMENT

1. Mathews O. Winam (the appellant) has preferred this appeal against the Judgment and Decree of the High Court of Kenya at Kisii delivered by Okwany J, finding that the court had no jurisdiction to hear and determine the matter.

2. The appellant, (being the plaintiff in Kisii CMCC No. 540 of 2009) filed suit on 9th September, 2009 and subsequently amended on 10th January, 2012 seeking the following reliefs:

   a. Damages.

   b. Costs of the suit.

   c. interest from 4th February, 2002 until payment in full.

   d. any other relief that the Honourable Court may deem just to grant.

3. The appellant’s claim was that by a written agreement dated 4th February, 2002 it was agreed that he would grow sugar cane on his land Plot Number 79 on field number 20A in Kakmasia Sub Location measuring 0.2 ha. which he would then sell to the respondent company. The contract was to be in force for a period of five years or until one plant crop and two ratoon crops of sugarcane were harvested whichever period was less.

4. The a…