NATIONAL CEREALS & PRODUCE BOARD V. ELDORET GRAINS LIMITED

JUDGMENT OF THE COURT

1. The appellant is aggrieved by the judgment of the High Court at Eldoret (J. R. Karanja, J.) delivered on 8^th May 2012 ordering it to replace 2108 bags of contaminated white maize it had allegedly supplied to the respondent or pay to the respondent the value thereof amounting to Kshs. 3,689,000.00.

2. The appellant complains that the learned Judge disregarded the law on sale of goods; and that his decision was not supported by the evidence.

Background

3. The respondent ’s case as pleaded in its plaint before the High Court was that in July 2008, it purchased 20,000 bags of white maize from the appellant for a total purchase price of Kshs. 35,000,000.00 based on a unit price of Kshs. 1,750.00 per bag; that after collecting 10,895.5 of those bags, it discovered that 2,510 bags were off colour and declined collect the remainder of the maize; that it demanded from the appellant and received a refund of Kshs. 15,933,750.00 on 5^th May 2009 for the uncollected maize; that…