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Mitsubishi Corporation v. Anthony Massawa

(1996) JELR 99043 (CA)

Court of Appeal  •  Civil Appeal 40 of 1992  •  15 Mar 1996  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Akilano Molade Akiwumi, Abdulrasul Ahmed Lakha

Judgement

JUDGMENT OF THE COURT

The appeal before us is against the ruling of the learned Judge of the superior court in the exercise of his powers under Order 6 r 13 (1) (b) of the Civil Procedure Rules on the grounds that the learned Judge did not consider or apply the proper principles applicable in such matters.

The respondent who was the plaintiff in the suit, claimed from the appellant, the defendant in the suit, the sum of Kshs.1,134,793 being commission earned by him for having obtained for the appellant a contract for it to supply agricultural inputs to the Ministry of Agriculture of Uganda, the sum of KShs.124,658 also by way of commission earned by him for having obtained for the appellant a contract for it to supply equipment to the Uganda Electricity Board, the return of certain documents belonging to him, and general damages for the breach of clause 10 of his contract of employment dated 8th April, 1988 with the appellant which required that his employment could only be terminated b…

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