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Mpata Investments Limited v. Sylvanus Lusi Amito t/a Savorsen Safaris

(2016) JELR 98882 (CA)

Court of Appeal  •  Civil Appeal 53 of 2014  •  16 Dec 2016  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. This is an appeal from the judgment of the High Court at Nairobi, (B. P. Kubo, J. as he then was) delivered on 15thMarch 2006 allowing the respondent’s claim against the appellant for an amount of USD 5,336/=, interest andcosts.

Background

2. In a plaint dated 10th August 1999 presented to the High Court at Nairobi, the respondent sought judgment against the appellant for USD 7,076 (equivalent to Kshs. 501,000.00) and interest at 26% per annum. The basis of the claim was that the respondent, as a tour operator, and the appellant, as owners of Mpata Safari Club, Masai Mara, had a ‘partnership’ under which the respondent organized tours for the appellant’s clients, while the appellant would accommodate the respondent’s clients at Mpata Safari Club.

3. The respondent pleaded that between July and August 1995 it organized tours for the appellant’s clients and that as at 27th August 1995 an amount of USD 37,308 was due from the appellant while over the same period the …

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