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Mumbi Kigundu v. Total Kenya Limited

(2017) JELR 98840 (CA)

Court of Appeal  •  Civil Appeal 181 of 2015  •  28 Jul 2017  •  Kenya

Coram
Martha Karambu Koome, Wanjiru Karanja, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The appeal herein is against the judgment of Kamau J. delivered on 19th March 2015.

A brief background to the appeal is that the respondent TOTAL KENYA LIMITED filed a plaint dated 9th January, 2003 and sought judgment for Ksh.6,127,622.95 being the cost of assorted petroleum products allegedly supplied to the appellant, MUMBI KIGUNDU(the then defendant) between August, 1996 and April 1999. The respondent further averred that on 5th January 2000, the appellant acknowledged owing the respondent the sum claimed. In a further amended statement of defence and counter-claim dated 4th May, 2010 the appellant denied being indebted to the respondent in the sum of Kshs. 6,127,122/= or at all and counter-claimed for Kshs. 285,000/= being the cost of equipment allegedly installed at the petrol station by her. The appellant sought an order for costs and interest.

The pleadings having come to a close, the trial proceeded before Kamau, J. who in a judgment dated 19th March, 2015 …

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