JUDGMENT OF THE COURT
The appellant, Joseph Gitonga Ndirangu, comes to this Court in this first appeal seeking to overturn the judgment and decree of the High Court at Mombasa (Kasango, J.) dated 6th November 2014 in which the learned trial judge dismissed his claim for specific performance of an alleged contract between him and the respondent, Total Kenya Limited, for sale of fuel. By the same judgment, the learned judge also dismissed the respondent’s counterclaim for Kshs 503, 814/- being the alleged value of fuel wrongfully supplied by it to the appellant. The dismissal of the counter-claim is however, not an issue in this appeal.
The suit in the High Court started as Civil Suit No. 4262 of 2000 before the Principal Magistrates Court, Mombasa. Subsequently it was transferred to the High Court, apparently because the counterclaim exceeded the pecuniary jurisdiction of the subordinate court at that time, and became High Court Civil Suit No. 370 of 2002. Following further transfer to t…