JUDGMENT
This is a first appeal from the Judgment of the High Court of Kenya at Nakuru (Mulwa, J.) delivered on 29th September, 2017. The Judge allowed only part of the appellant’s claim. Both parties were dissatisfied with the findings of the Judge leading to this appeal by Lesiolo Limited (the appellant) and a cross-appeal by Kenya Seed Company Limited (the respondent).
It was alleged in the plaint that the respondent was engaged in the production and marketing of “certified seed” in the Republic of Kenya; that the appellant was engaged in the business of wheat farming since 1984; that in the 2011 planting season the appellant selected two farming zones in Njoro and Menengai in Nakuru County. That on 3rd February, 2011 the appellant purchased from the respondent certified wheat seed at Ksh.11,200,000 for planting on those farms; planting commenced in April and May, 2011 but that after planting on about 2000 acres in the Njoro farm it was noted that a substantial part of the seed had f…