JUDGMENT OF THE COURT
This is a first appeal from the judgment of the High Court of Kenya at Nairobi, (Azangalala, J; as he then was) in HCCC No. 1649 of 2001. The trial court entered judgment in favour of the respondent in the sum of Kshs.3,215,182.15 together with interest at court rates.
In SELLE and ANOTHER v. ASSOCIATED MOTOR BOAT COMPANY LTD and OTHERS, [1968] E.A. 123, the role of this Court is considering an appeal from the High Court was properly re-stated in the following words:
“An appeal to this court from a trial by the High Court is by way of retrial and the principles upon which this court acts in such an appeal are well settled. Briefly put they are that this court must reconsider the evidence, evaluate it itself and draw its own conclusions though it should always bear in mind that it has neither seen nor heard the witnesses and should make due allowance in this respect. In particular this court is not bound necessarily to follow the trial judge’s findings of fact if it …