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Nesco Services Limited v. Kencom House Limited

(2015) JELR 105341 (CA)

Court of Appeal  •  Civil Appeal 118 of 2009  •  25 Sep 2015  •  Kenya

Wanjiru Karanja, Sankale ole Kantai, Fatuma sichale



By the amended Plaint filed at the High Court of Kenya, Nairobi, on 1st April, 2003, the appellant, Nesco Services Limited sued the respondent, Kencom House Limited, in a claim based on a cleaning services contract entered by the parties on 1st September, 1994. By that contract the appellant was to provide cleaning services to the respondent at the respondent’s offices, the offices of Kenya Commercial Bank Limited and those of Kenya Commercial Finance Company Limited. It was claimed in the plaint that in November, 1995 the respondent had through coercion, threats and intimidation unilaterally imposed a 10% deduction of the monthly payments due from it to the appellant for services rendered to be remitted to Kenya Commercial Finance Company Limited to offset a debt owed to that company by a company called Ngoso General Contractors Limited and that the appellant had not authorized such action. It was further claimed that the appellant and the respondent had not alte…

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