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VISOI SAW MILLS LTD. v. THE ATTORNEY-GENERAL

(1997) JELR 94887 (CA)

Court of Appeal  •  civ app 78 of 96  •  7 Mar 1997  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha

Judgement

JUDGMENT OF THE COURT

This is an appeal by the plaintiff from an assessment of damages made by the superior court (Owuor, J.) on July 25, 1995 whereby she awarded to the plaintiff special and general damages for a breach of contract.

On or about the 6th day of August, 1979 the then Ministry of Environment and Natural Resources granted to one Elijah K. Boiywo a licence to extract and mill timber for the period 1st January, 1980 to 31st December, 1984. The said licence was later with the consent of the said Ministry transferred to the appellant by the said Elijah K. Boiywo. On or about the 11th day of March, 1982, the Ministry cancelled the licence in breach of the terms and conditions thereof. In consequence thereof the appellant instituted proceedings against the respondent claiming damages.

By her "judgment" of August 2, 1993 the learned judge found in favour of the appellant on the issue of liability. No appeal was preferred from that judgment. The case then proceeded to hearing on theā€¦

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