RULING OF MWERA, J.A.
The facts leading to the present appeal can hardly be described as complicated. By an Agreement dated 20th December, 2007 the predecessor of the respondent company, Airtel Networks Kenya Ltd, hereinafter Airtel, then called Celtel, and at some stage Zain, entered into a distribution or sales agreement with the appellant, Nyutu Agrovet Ltd, hereinafter referred to as Nyutu, to distribute the former’s telephony products – airtime and scratch cards in an area called Donholm Estate, Nairobi. The said agreement contained clauses including the manner by which orders for the goods would be placed and received. Clause 2.7 provided that each order accepted by Celtel (now Airtel) should constitute a separate contract supplemental to the Agreement and breach of which could constitute a breach of the Agreement. Another Clause 13.7 provided that Celtel could not be liable for consequential damage of any kind as a result of the termination of the said Agreement or otherwise whe…