IN THE COURT OF APPEAL
CIVIL APPEAL NO. 50 OF 2002
NATIONWIDE ELECTRICAL INDUSTRIES LTD............. APPELLANT
PRIME CAPITAL and CREDIT LTD. ......................... RESPONDENT
(Appeal from the Ruling of the High Court of Kenya at Nairobi Milimani Commercial Courts (Onyango Otieno, J.) dated 27th April, 2001
H.C.C.C. NO. 534 OF 1998)
JUDGMENT OF O’KUBASU, J.A.
The appellant herein, NATIONWIDE ELECTRICAL INDUSTRIES LTD., is aggrieved by the judgment of the superior court (Onyango Otieno, J. – as he then was) by which the superior court found the appellant liable and entered judgment for the respondent as prayed in the plaint and dismissed the appellant’s counter-claim.
The dispute between the parties can be traced to a plaint filed in the superior court on 25th September, 1998 by the PRIME CAPITAL and CREDIT LTD. (as the plaintiff) citing the appellant herein as the respondent. The pertinent paragraphs of the said plaint were as follows:-
“3. The plaintif…