JUDGMENT OF THE COURT
The background to this litigation is reflected in the record of appeal which we have perused. It shows that the appellant, Pancras T. Swai, who claimed to be “a partnership” sued the respondent, Kenya Breweries Limited, in H.C.C.C. No.1190 of 1994 claiming special and general damages for breach of contract relating to sale of beer. In his plaint in the said suit, the appellant alleged that he paid the respondent US$ 22,990 towards purchase of Tusker and Pilsner beer which he intended to export to Tanzania but the Defendant breached the contract when it failed to supply the same. He claimed a refund. He also alleged that he had deposited with the respondent a total of 10,688 empty beer crates in respect of which he claimed US $106,880 at the rate of 10 dollars each. He alleged that he suffered loss of profit and claimed US$12,871 in respect thereof. The total sum claimed was US $ 142,741.
The respondent denied the alleged breach of contract. It also denied that the …