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PERAS LIMITED v. ESSO KENYA LIMITED

(1997) JELR 98427 (CA)

Court of Appeal  •  Civil Appeal 127 of 1996  •  10 Nov 1997  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Gurbachan Singh Pall, Akilano Molade Akiwumi

Judgement

JUDGEMENT OF THE COURT

Much as we sympathise with Mr. Sheth’s position, we do nor think that there is any basis upon which we can interfere with the learned Judge’s (Githinji J) order striking out the plaint filed by the appellant in the High Court. Like the learned judge it is obvious to us that the agreement in dispute in this matter was between the respondent , Esso Kenya Limited and one Janu Govindji Chottalal or Janu Chottal Govindji; it was certainly not between the respondent and the appellant Peras limited. The letter of offer at page 38 of the record and which was in answer to applications made by him in his personal capacity to the respondent, was specifically addressed to: -

“Dear Mr. Janu”

and not to Peras Limited. At the end of the letter Mr. Janu was specifically asked that: -

“If the above conditions are agreeable to you please sign the attached copy of this letter and return it to me plus the operator’s Agreement duly signed”.

There was no evidence before the learned Judge …

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