MUNUNGA TEA FACTORY LTD V. SUSAN WANJIRU KARANI

JUDGMENT OF THE COURT

The Respondent herein Susan Wanjiru Karani, filed a civil suit in Kerugoya being PMCC NO.221/2004 against the appellants herein Mununga Tea Factory Limited and Kenya Tea Development Agency. In a plaint dated 18^th day of May, 2004 and filed on the 20^th day of May, 2004 the respondent (Plaintiff in the lower court) claimed the sum of Kshs.94, 550.00 being the unpaid purchase price of tea leaves delivered by her to the appellants. She also claimed interest at 12% from 1^st October, 2003 till payment in full plus costs.

In response to the respondents’ claim, the appellants filed a joint defence dated the 22^nd day of June,2004 and filed on the same day denying liability, and claiming that the respondent had been paid in full.

After hearing the suit, the learned Senior Resident Magistrate allowed the respondent’s claim, and entered Judgment against the appellants for Kshs.94, 550.00 with costs and interest.

Being aggrieved by that Judgment, the appellants moved to the High …