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Mumias Sugar Company Ltd v. Freight Forwarders (K) Ltd

(2005) JELR 98835 (CA)

Court of Appeal  •  Civil Appeal 297 of 2003  •  18 Mar 2005  •  Kenya

Emmanuel Okello O'Kubasu, Philip Nyamu Waki, William Shirley Deverell



This is a first appeal from the judgment of the superior court (Hayanga J as he then was) delivered in Mombasa on 14th October 2003.

The case arose out of negotiations which took place between Freight Forwarders (K) Ltd., the plaintiff in the superior court who is the respondent in this appeal, and Mumias Sugar Company Ltd. which was the defendant in the superior court and is the appellant in the appeal.

The respondent was the lessee of Goods Shed No.5 (hereinafter “the goods shed”) in Nairobi which it wished to sub lease to a suitable tenant. The appellant needed storage space in Nairobi and expressed an interest in leasing the goods shed from the respondent.

Negotiations took place as to the rent and as to the precise terms of the proposed sub lease. These negotiations took place during the period from 7th May 1999 to 26th May 1999.

It was the respondent’s case in the superior court that the negotiations crystallized into a binding contract to sub lease the goods sh…

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