SAFE RENTALS LIMITED V. LEISURE LODGE LIMITED T/A LEISURE LODGE HOTEL CLUB CASINO

JUDGMENT OF THE COURT

1. This is an appeal arising from a judgment delivered by Mwera J. in a suit filed by Safe Rentals Limited who is now the appellant. The suit was against Leisure Lodge Limited t/a Leisure Lodge Hotel Club Casino who is now the respondent. In the suit the appellant was seeking judgment against the respondent for special damages of Kshs.8,299,384/- arising from breach of an agreement entered into between the appellant and the respondent. The agreement related to installation of metal safety deposit boxes (safes), at the respondent’s hotel by the appellant; the rental of the safety deposit boxes to individual guests at the respondent’s hotel by the respondent, on behalf of the appellant; and the payment of a commission to the respondent by the appellant. The agreement was to last for a period of 5 years, but was terminated after barely a year.

2. In an amended defence filed on 19^th November, 2004, the respondent admitted having entered into an agreement with the appel…