ALI ABDI MOHAMED
V.
KENYA SHELL & COMPANY LIMITED

JUDGMENT OF THE COURT

1. This is an appeal from the decision of Kalpana H. Rawal, J. (as she then was), in High Court Case No 66 of 2003 filed by Ali Abdi Mohamed, (appellant) against Kenya Shell and Company Limited, (respondent).

Background

2. The appellant, vide an amended plaint dated 16^th April, 2004, sought for general damages, special damages of Kshs. 43,250,000/= costs and interest. It was the appellant's case that he entered into a distributor/reseller agreement with the respondent on 17^th July, 2000, for supply of oil products. The appellant contended that prior to his agreement with the respondent, he had entered into lease agreements dated 1^st January, 2000, with three landlords; bought the oil products from the respondent upto 3^rd January, 2001; that vide a letter dated 3^rd December, 2002, the appellant closed his account with effect from 1^st January, 2003; that the respondent had the appellant arrested on 8^th January, 2002, and he was placed in police custody for five days; …