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Mini-Max Agencies Limited v. Kenya Marine & Fisheries Research Institute

(2019) JELR 99065 (CA)

Court of Appeal  •  Civil Appeal 45 of 2018  •  7 Mar 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Daniel Kiio Musinga

Judgement

JUDGMENT OF THE COURT

1. The origin of the dispute leading to this appeal is a contract which was entered into between Mini-Max Agencies Limited, the appellant, and Kenya Marine and Fisheries Research Institute, the respondent herein. As per the plaint dated 17th February, 2016 filed by the appellant, the appellant had a contractual relationship with the respondent vide tender no. KCD/01/2012-2013 whereby the appellant supplied the respondent with GIS Equipment and ICT software on account of an LPO No. A21138.

2. It was the appellant’s contention that both parties agreed as a special condition of the contract that in the event of a delay in settlement of the invoice for more than thirty (30) days, the same would attract interest at the rate of 15% per month from the date of delivery of the goods. It is not disputed that the final delivery of the goods to the respondent was in December, 2013 and the total value of the goods supplied was Kshs 23, 582,122. A further contention was that the…

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