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Thika Coffee Mills v. Mikiki Farmers Co-Op Society & Coffee Board Of Kenya

(2013) JELR 96651 (CA)

Court of Appeal  •  Civil Appeal. 138 of 2009  •  26 Jun 2013  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



The 1st respondent, Mikiki Farmers Co-op Society, is made up of 4,000 small scale farmers in Embu who cultivate coffee as a means of their livelihood. On 10th December, 1997, the 1st respondent entered into a written agreement ( the 1st agreement) with the appellant whereby it was agreed that the 1st respondent would deliver all its parchment and cherry mbuni coffee to the appellant for milling; the appellant would deliver the milled coffee to the 2nd respondent, the Coffee Board of Kenya, for marketing. Under the 1st agreement, the appellant would provide the 1st respondent with financial guidance, loans, advances and farm inputs which would be secured against the coffee delivered and be paid against the proceeds of the said coffee.

Between December 1997 and March 1998, the 1st respondent delivered a total of 4,242 bags of parchment and cherry mbuni coffee to the appellant for milling and onward transportation to the 2nd respondent. Out of these, only 218 bags wer…

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