JUDGMENT OF THE COURT
The appellant, Kisii Farmers Co-operative Union Limited (appellant), sued the respondent, Sanjay Natwarlal Chauhan t/a Oriental Motors (respondent), by way of a plaint filed at the High Court at Kisii as Civil Suit Number 78 of 2000 in which it sought judgment in its favour for Kshs.10,400,000 together with interest at the then prevailing rates of 32% per annum with effect from 3rd February, 2000 until payment in full; general damages for breach of contract with interest at Court rates, and costs of the suit. Paragraphs 4, 5, 6 and 7 of the same plaint state as follows:-
“4. By an agreement in writing between the plaintiff, the defendant and the Co-operative Bank of Kenya Ltd., made on or about January 1999 the defendant offered to sell and the plaintiff agreed to purchase 2 (two) FUSO Trucks Model 657 of 10(ten) Tonnage each at a consideration of Kenya Shillings Ten Million, Four Hundred Thousand Only (Kshs.10,400,000/=). The plaintiff will at the hearing hereof r…