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Pradip Enterprises (EA) Limited v. Magic Chemicals Inc

(2019) JELR 94027 (CA)

Court of Appeal  •  Civil Appeal 206 of 2018  •  21 Jun 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. The dispute in this appeal relates to sale of goods by sample and description.

By a plaint dated 20th December 2013, and amended on 3rd February 2017, the appellant filed suit against the respondent seeking rescission of contract and refund of the sum of US$ 59,130 together with interest thereon at court rates from 19th April 2013 until payment in full and which sum be set off together with interest from the sum of US$ 70,350 owed to the respondent. The appellant inter alia prayed for the sum of Ksh. 126,182/= being the balance after set-off together with interest from the date of filing suit until payment in full. In addition, the appellant prayed for special damages for loss of profit in the sum of Ksh. 1,990,881.60; punitive and exemplary damages was also sought.

2. The undisputed facts giving rise to the claim against the respondent are that:

(i) The appellant entered into an agreement with the respondent for the supply of Eucalyptus Oil 80%.

(ii) The responden…

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