IN THE COURT OF APPEAL
AT ELDORET
(CORAM: OMOLO, GITHINJI and ONYANGO OTIENO, JJ.A.)
CIVIL APPEAL NO. 74 OF 2007
BETWEEN
CENTRAL FARMERS GARAGE LIMITED..................................APPELLANT
AND
RIFT VALLEY OUTLEST LIMITED......................................RESPONDENT
(Appeal from a Judgment of the High Court of Kenya at Kitale (W. Karanja, J.) dated 31st October, 2005
in
H.C.C.C. No. 122 of 1997)
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JUDGMENT OF GITHINJI, JA.
This is an appeal from the judgment and decree of the High Court (Karanja, J.) as she then was dismissing the appellant’s suit with costs.
By a plaint dated 26th May, 1997 the appellant claimed shs.603,566/15 “being the amount due and owing from the defendant to the plaintiff for goods sold delivered and/or services rendered at the defendant’s specific request during the year 1995...”
The respondent filed a statement of defence and counterclaim, denying liability and counterclaiming for a total of shs.350,000/= comprising of shs.50,000/= being the cost o…