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RAMJI RATNA & COMPANY LIMITED v. WOOD PRODUCTS (KENYA) LIMITED

(2007) JELR 94505 (CA)

Court of Appeal  •  Civil Appeal 117 of 2001  •  12 Oct 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

This is an appeal by the unsuccessful defendant from the judgment of the superior court (Miss Gacheche - the Commissioner of Assize - as she then was) delivered on 15th February, 2001 in which the learned Commissioner of Assize gave judgment against the appellant.

The respondent herein WOOD PRODUCTS (KENYA) LIMITED (as the plaintiff in the superior court) sued the appellant RAMJI RATNA and COMPANY LIMITED (the defendant in the superior court). The relevant paragraphs of the plaint filed in the superior court were as follows:-

“1. The plaintiff is a limited liability company incorporated in Kenya having its registered office at Nairobi. Its address for the purposes of this suit is care of OTIENO-OMUGA and OUMA ADVOCATES COMMERCE HOUSE 6TH FLOOR- MOI AVENUE P.O. BOX 69512 NAIROBI.

2. The defendant is also a limited liability company incorporated in Kenya having its registered office at Nairobi. Service through plaintiff’s advocates office.

3. The plaintiff’s claim again…

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