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HECO UBERSEEHANDEL
V.
MAC'S PHARMACEUTICAL LIMITED

(2000) JELR 104166 (CA)

Court of Appeal 7 Apr 2000 Kenya
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Case Details

Suit Number:civ app 4 of 99
Judges:Riaga Samuel Cornelius Omolo, Akilano Molade Akiwumi, Effie Owuor
Location:Nairobi
Other Citations:HECO UBERSEEHANDEL v. MAC'S PHARMACEUTICAL LIMITED [2000]eKLR

JUDGMENT OF THE COURT

The appellant, Heco Uberseehandel , is a German company based in Hamburg, and as plaintiff, it instituted a suit against Mac's Pharmaceutical Limited , a Kenyan company based in Nairobi, claiming from the Kenyan company a total of DM 124,320, the equivalent of K.Shs.1,245,064.80. The plaint was lodged in the superior court at Nairobi on 20th January, 1988 and the claim stated above was said to be due on the foot of three contracts under which the appellant had supplied to the respondent medical drugs in three batches. The first batch was for DM 44,640, equivalent to K.Shs.447,069.60; the second was for DM 46,200 equivalent to K.Shs.462,693.00 and the last supply was for DM 33,480 equivalent to K.Shs.335,302.20. These three amounts totalled the sum claimed of DM 124,320 equivalent to K.Shs.1,245,064.80 which we have set out above. All these information is to be found in the appellant's plaint dated 20th January, 1988 and lodged in the superior court on 18th Februar…

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