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(1977) JELR 94141 (CA)

Court of Appeal  •  Civil Appeal 40 of 1976  •  22 Apr 1977  •  Kenya

Abdulla Mustafa, Justin Saulo Musoke, Samuel William Wako Wambuzi



Musoke JA This is an appeal from a judgment of the High Court at Nairobi dismissing the appellant’s suit for a claim of Shs 39,642/50, being the balance of the price of goods sold and delivered by the appellant to the respondent during 1972 and 1973. The appellant, a limited liability company, is a printer, and the respondent is a registered primary co-operative society within the meaning of section 2 of the Co-operative Societies Act (hereinafter referred to as “the Act”).

The evidence showed that the respondent had been ordering and receiving stationery from the appellant, with which it had an account, since 1970; and it was proved that the goods which gave rise to this suit were, on different dates during 1972 and early 1973, ordered, received and retained by the respondent, and that the respondent had in fact paid part of the price. Each such order was for goods in excess of Shs 100. The defence was that the contracts under which the goods were obtained were illegal and the…

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