IN THE COURT OF APPEAL FOR EAST AFRICA
AT NAIROBI
( Coram: Wambuzi P, Mustafa and Musoke JJ A )
CIVIL APPEAL NO. 40 OF 1976
BETWEEN
TAWS LTD....................................................................................APPELLANT
AND
OTHAYA FARMERS CO-OPERATIVE SOCIETY LTD......RESPONDENT
( Appeal from the Judgment of the High Court (Madan J) Dated 3rd March 1976 in Civil Case No. 1450 of 1973 )
JUDGMENT
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 ha…