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Nationwide Electrical Industries Ltd v. Prime Capital & Credit Ltd

(2008) JELR 98511 (CA)

Court of Appeal  •  Civil Appeal 50 of 2002  •  9 Oct 2008  •  Kenya

Coram
Emmanuel Okello O'Kubasu

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

CIVIL APPEAL NO. 50 OF 2002

NATIONWIDE ELECTRICAL INDUSTRIES LTD............. APPELLANT

AND

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

in

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…

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