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KISII FARMERS CO-OPERATIVE UNION LIMITED
V.
SANJAY NATWARLAL CHAUNHAN T/A ORIENTAL MOTORS

(2006) JELR 97686 (CA)

Court of Appeal 24 Nov 2006 Kenya
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- The appellant, Kisii Farmers Co-operative Union Limited, sued the respondent, Sanjay Natwarlal Chauhan t/a Oriental Motors, in the High Court (Civil Suit No. 78 of 2000), alleging breach of contract arising from the delivery of two trucks

Case Details

Suit Number:Civil Appeal 32 of 2003
Judges:Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji
Location:Kisumu
Other Citations:Kisii Farmers Co-operative Union Limited v. Sanjay Natwarlal chaunhan t/a Oriental Motors [2006] eKLR

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…

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