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Mount Kenya Bottlers Limited v. Mary Gathoni Weru

(2013) JELR 98885 (CA)

Court of Appeal  •  Civil Appeal 219 of 2009  •  16 May 2013  •  Kenya

Coram
Martha Karambu Koome, Daniel Kiio Musinga, Festus Azangalala

Judgement

JUDGMENT OF THE COURT

1. On 20th September, 2006, Mary Gathoni Weru (appellant) filed a suit at the Resident Magistrate's Court at Wang'uru against Mount Kenya Bottlers Ltd (respondent). The claim by the respondent was for damages as a result of loss of business at the rate of Kshs.250/= per day effective from 18th November, 2005 as well as general damages. This claim was based on allegations that the respondent bought some sodas from the appellant, and sold the same to a customer who caused commotion at her kiosk; that the soda was contaminated and the commotion caused her loss of business.

2. The suit was later transferred from the subordinate court to the High Court at Embu. The plaint and summons to enter appearance were served upon the appellant but they failed to enter appearance or file a defence within the stipulated period and an interlocutory judgment was entered against them on 27th October, 2006. On 31st December, 2007, the appellant applied to set aside the interlocutory ju…

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