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Taws Ltd v. Othaya Farmers' Co-operative Society Ltd

(1977) JELR 94141 (CA)

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

Coram
Abdulla Mustafa, Justin Saulo Musoke, Samuel William Wako Wambuzi

Judgement

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…

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