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AFRICA MANAGEMENT COMMUNICATIONS LIMITED
V.
AIRTEL KENYA LIMITED

(2020) JELR 106304 (CA)

Court of Appeal 8 May 2020 Kenya
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Case Details

Suit Number:Civil Appeal 211 of 2016
Judges:Wanjiru Karanja Hannah Magondi Okwengu William Ouko
Location:Nairobi
Other Citations:Africa Management Communications Limited v. Airtel Kenya Limited [2020] eKLR

JUDGMENT OF THE COURT

On or about 29th April, 2013, parties entered into an agreement wherein the respondent undertook to provide the appellant with an Integrated Services Digital Network-E1 (ISDN) technology service to enable the appellant make or receive calls for a period of one year unless terminated in accordance with the aforesaid agreement. On or about September 2013, the appellant raised concerns with the respondent over the latter’s inflated invoices following which the respondent suspended the service. According to the appellant, that suspension constituted a breach of contract as a result of which it brought an action on 29th April, 2014 for the recovery of losses it alleged to have incurred. Two weeks later, on 12th May, 2014, the respondent was served with summons, in response to which it filed a memorandum of appearance on 6th June, 2014.

By an application dated 23rd June, 2014, the appellant requested for judgment on the respondent’s default to file a defence. The High Co…

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