JUDGMENT OF THE COURT
1. This is an appeal from the judgment of the High Court at Bungoma (F. Gikonyo, J.) delivered on 20th March 2014 rejecting the appellant’s claim for damages for alleged breach of contract.
Background
2. On 31st March 2001, the appellant filed suit against the respondent in the Magistrates’ court at Bungoma. He claimed that he entered into a Cane Transport Contract with the respondent on 15th November 1999 under which he was to transport cane for the respondent; that on or about 6th December 1999, the respondent breached that contract by substituting the appellant’s name, as the contracting party, with the name of another person, namely, Nasilai and Sons Contractors; that the respondent made payments under the contract to the said Nasilai and Sons Contractors and omitted to pay the appellant; and that as a result the appellant suffered loss and damage.
3. The appellant asserted in his plaint that his attempt to have the dispute referred to arbitration in accordance w…