JUDGMENT
This is a first appeal arising from the judgment and decree of M. Kasango, J. in HCCC No. 87 of 2017 dated and delivered at Nairobi on the 8th May, 2019.
The brief background to the appeal is that the respondent moved to the High Court of Kenya at Nairobi (Milimani Commercial Court Division) and instituted Civil Case No. 87 of 2017 against the appellant in a plaint dated 2nd March, 2017 seeking special damages in the sum of KShs.3,149,072.39, USD 613,818.39, and Euro 313.53 and costs.
The respondent’s complaint against the appellant was that on diverse dates, the respondent supplied the appellant with goods as and when ordered for by the appellant in respect of which the respondent raised several invoices directed at the appellant requesting for payment in terms of the agreement namely an order for supply of goods as duly executed between them which the appellant failed to honour within the stipulated ninety (90) days and in respect of which delay the appellant was liable to pay…