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CHARLES RONO TOMNO T/A MUTEI WHOLESALERS
V.
RIFT VALLEY BOTTLERS LTD

(2015) JELR 97576 (CA)

Court of Appeal 29 Oct 2015 Kenya
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Case Details

Suit Number:Civil Appeal 212 of 2011
Judges:Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Eldoret
Other Citations:Charles Rono Tomno t/a Mutei Wholesalers v. Rift Valley Bottlers Ltd [2015] eKLR

JUDGMENT OF THE COURT

This appeal concerns a claim for damages by the appellant, Charles Rono Tomno trading as Mutei Wholesalers, which claim the High Court declined to grant on the basis that there was no evidence to support it.

In his plaint, it was the appellant’s case that at all material times he was a licensed and authorized distributor and agent of the respondent engaged in the sales and distribution of the respondent company’s products within Iten township and the environs, which he undertook with the aid of his motor vehicles registration numbers KYT 138 Isuzu Canter, KUS 283 Isuzu Canter and KSG 851 Isuzu Lorry and KAH 040U Peugeot. The appellant stated that as security under the contract, the respondent held the original log books for the appellant’s motor vehicles aforestated and that under the Returned Profit Margin Scheme, the appellant paid the respondent a sum of Kshs.1,399,075 being full and final returns under the distribution arrangement.

The appellant further stated t…

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